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CHARLES  CARROLL  OF  CARROLLTON. 

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'^Hi,R;.r=;  CAHffOLl.   OF  CARfl  Ji  \  T  \v 
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THE  LIFE  OF 

Charles  Carroll 

OF  CARROLLTON 
'737-1832 

WITH  HIS  CORRESPONDENCE  AND 
PUBLIC  PAPERS 

BY 

KATE  MASON  ROWLAND 

Author  of  "  The  Life  of  George  Mason  " 


VOLUME  n. 


"  BALTiMORK,  August  3,  1826. • 


l>est  ear    ly''  nheritanre  ,iil?  fenerations  the  principle, 

postcnty  and  emended  t^o  .hrwro?e"Vamii'y'S?,^r''' 

"CHARLES  CARROLL,  or  Crouton. 


Co/j>  0/  Dtclaration  0/  Indtptndince, 
Neiu  York  City  Library. 


G.  P.  PUTNAM'S  SONS 

NEW  YORK  &  LONDON 

^be  'Rnlcfterbocftcr  press 

1898 


\/,JU 


'A\-\ 


Copyright,  1897 


BY 


KATE  MASON  ROWLAND 


TTbe  ftnCcherl>«cker  preja,  flew  Kork 


-J 


ILLUSTRATIONS. 


Charles  Carroll  of  Carrollton- ,737-1832 


PAGH 


F,o„_^a^^^ho.o^,pH  0,  h.  p„„.,.  „  ..  no,„h^::*' 


"  D0UGHORF.GAN  Manor,"  Maryland 
From  a  photograph. 

Chari.es  Carroll  of  Annapolis— i 702-1 782 

"^  M"„:r.'^°'°^^^'^''  °^  "^'^  P-^-'t  -t  ••  Doughoregan 


244 


363 


iU 


t 

c 


CONTENTS. 


CHAPTBR 


1. — The  Articles  of  Confkderation.    1778- 
1780 

II. — In  the  Maryland  Senate.     1780-1783  . 

III. — Maryland  after  the  Peace.     1703-1787 

IV, — In  the  United  States  Senate.     1787- 
1790 

V. — Federal  and  State  Politics,    i  790-1792 
VI. — A  Maryland  Federalist.     1793-1799 

VII, — Retirement   from   Public   Life,     1800- 
1807 

VIII. — The  Second  War  with  England.    1807- 
1819 

IX. — The  Last  of  the  Signers,     1820-1832    . 

Appendix  C— Carroll  Wills      .        .        ,        . 

Appendix  D, — Genealogical  Notes    , 

Index     ,        ,        ,        .        . 


PACE 
I 

34 
73 

108 

155 
197 

234 

272 

319 
373 
433 
449 


tmm 


LIFE  AND  CORRESPONDENCE 


OF 


CHARLES  CARROLL  OF  .ARROL.TON. 


CHAPTER  I. 


''"E  AKTicLKs   OF  c 


ONFEDERATION. 

appomted,  on  the  .8tl.  of  A^   I  !!  """"  '"  ''^^"^  ^een 

°f  three,  to  consider  a  memo   ' ,  T  °'  "  ^'"""•ttee 

son,  who  had  furnished  a  sTn  !     ''?'"  •'°'^P''  Car- 

for  the  army.     Two  days  l"  ter"^  1  ''^'"'^'-  ''^"che.. 

"res,  received  from  GenemI  Sm^f     "7  '''"^  <="^'''s. 

the  hands  of  a   commi    L  t        °  ' """'  ""' '"'» 

Duer,   Samuel   Chase   and   r/?"""^  "'  William 

ronton.  ^'  ""'•   Charles  Carroll  of  Car. 

They  brought  in  , 


es 


2  Charles  Carroll  of  Carrolllou. 

Council  of  the  State  of  Maryland  be  requested  imme- 
diately to  embody  three  hundred  militia  of  the  East- 
ern Shore,  under  active,  spirited  ofificers,  and  order 
them  to  march  with  two  field  pieces,  and  a  proper 
number  of  artillerists  into  Delaware,  there  to  execute 
such  orders  as  they  may  receive  from  a  committee  of 
Congress  appointed  for  that  purpose."  And  a  copy 
of  Governor  Smallwood's  letter  was  to  be  transmitted 
to  the  Governor  and  Council  of  Maryland.'  Charles 
Carroll's  letter  to  Governor  Johnson,  of  April  21st,  is 
in  reference  to  this  matter,  an  insurrection  of  Tories 
on  the  "  neck  of  land  betwixt  Delaware  and  Chesa- 
peake Bay." 

It  was  at  this  time,  April  23d,  that  the  hold 
Washington  had  gained  upon  the  affections  and  con- 
fidence of  the  people  was  displayed  in  the  strong- 
est manner,  by  resolutions  of  Congress  renewing 
the  extraordinary  powers  conferred  on  him  in 
the  fall  of  1777.  They  had  expired  on  the  loth  of 
April,  and  were  now  not  only  renewed,  but  greatly 
extended.  The  Commander-in-chief  was  to  have 
authority  to  suspend  officers  who  misbehaved  ;  fill 
up  vacancies  under  the  rank  of  brigadier ;  impress 
all  articles  and  provisions  necessary  for  his  command, 
paying  or  giving  certificates  ;  remove  and  secure  all 
goods  and  effects,  for  the  benefit  of  the  owners, 
which  may  be  serviceable  to  the  enemy,  within 
seventy  miles  of  the  headquarters  of  the  American 
army ;  order  court-martials  to  try  certain  offenders, 
with  the  punishment  of  death  or  any  other  that 
seemed  meet ;  to  subsist  his  army  from  the  country 

'  Journal  of  Congress. 


Pozoers  0/ Commander-in-C/uef.  3 

threshed  Wthin  a  If^lued  ti.e  et^       '"^  ^'^'•"  '°  "^ 

Carrollton,  Wflliam  Due  InH  r  ?'''"'  '^^'■™"  °f 
May  6.h,  a  letter  irol^Z  Boa/d"  f"  w  ""^"-  °" 
and  referred  to  a  con^^fttee  o    'hr L  "''•  ^'^="'' 

Samuel  Huntingdon    CarmH       7  n  '  ""■'"^"n&  of 

Two  days  later,  Char  esCar'oM  ^°^^''  ^''^™^"- 
with  Gouverne  r  Mo  r  s  and  k""'°"  '  """"'"^^ 
s'-der  other  letters  and  n,  P""<^'«  Dana  to  con- 

letter  fron,  Gene  a  WaZlto""'  '°  ^°"^"---    A 
General  Howe,  respecting?      '  ,""''°^''"S  ""«  from 
was  referred  to  a  com  mi  tie    r.'"^'=  °'  ""^-rs, 
Richard  Henry  Lee  and  O       "';'^'  ^'■"'■'•"  Duer 
'°".  o"  'he  ,3t^  ;  Tnd  o„  tht "' me  T ".°^  ^^"°"- 
two  other  gentlemen  were  named      "^  ^'"°"  ''"^ 
whom  was  referred  the  me!„        ,    /  ^m^ittee  to 
Neuville,  inspector  of  the  arm    '    .°^  "°"^''^"  ^e  la 
M'Kean,  Carroll,  and    am^    /  ""u''"' '^'="^"' ^^'es. 
were  chosen  a  cc^mmitie  o„  th"'  °'  ''--y'vania, 
a.letter  from  the  Board  of  W        ''*',"'  '°  ^^P"--'  °" 
"'cations  from  the  Pennsviv,       I  ^"'''°^''"ff  commu. 
and  Benjamin  Chew     Z f      "''"''^  J"""  P^"" 
find  Charles  Carroll  of  cirrolo'''""'  ''"""  '"'d  '<> 
of  three  to  whom  was  refer";?. °"'°^ ""■"""««« 
of  the  Bishops  and   Elders  of  I     ;'''P''"'^"'«'°" 
settled  in   Pennsylvan  a '■  ■    n     !,  ^""'"'^  ^^^thren 
f,„^  ^  .        y    an.a.         On   the    ,5th,  a  letter 


from  General  imnim  wis  «,^  .,— ,  .  ici 

-eur  Morris,  ChaHelrr:',,^!  ^^^''.'^  G°"v- 


Mifflin 


Carroll. 
'  Ibid, 


and  Francis   Dana 


4  Charles  Carroll  of  Carrolllon. 

and  a  letter  from  the  Board  of  War  was  referred, 
three  days  later,  to  a  committee  of  three  of  which 
Carroll  was  the  chairman. 

There  were  now  subordinate  Boards  of  War  es- 
tablished at  different  points,  and  that  of  Massa- 
chusetts Bay  sent  a  letter  to  Congress  relating  to 
the  firm  of  Gardoqui  &  Sons,  Bilboa,  and  it  was 
assigned,  for  consideration  to  Gouverneur  Morris 
Charles  Carroll  of  Carrollton,  and  Elbridge  Gerry. 
Samuel  Chase  had  left  Congress  May  nth,  and  on 
the  30th  of  May,  John  Henry  had  leave  of  absence. 
Plater  and  Carroll  being  the  two  delegates  remain- 
ing to  represent  Maryland.  On  June  3d,  a  letter, 
from  Jeremiah  Wadsworth,  "  commissary-general  of 
purchases,"  enclosing  sundry  papers,  was  referred  to  a 
committee  of  which  Charles  Carroll  was  chairman. 
He  was  also  made  chairman  of  a  committee  appointed 
the  following  day,  whose  duty  it  was  "  to  examine  the 
journal  and  extract  from  thence,  in  order  for  publi- 
cation, all  the  resolutions  relative  to  the  government 
of  the  army,  the  regulations  of  the  quarter-master's, 
commissary's,  and  clothier's  departments,  and  to  the 
pay  and  settlements  of  the  accounts  of  the  army."  ' 

The  important  subject  of  the  Articles  of  Confed- 
eration was  brought  up  in  Congress  on  the  22d  of 
June,  and  the  objections  of  the  States  were  consid- 
ered. The  Maryland  delegates  read  to  Congress  the 
instructions  they  had  lately  received  from  their  con- 
stituents, and  the  objections  of  Maryland  to  the  Ar- 
ticles of  Confederation  were  taken  up.  Two  of  them 
were  thought  to  be  of  no  great  import.     The  third 

'  Had. 


Committee  Work  in  Congress. 


was  in  the  form  of  an  amendment  to  Article  IX.,  and 
directed  that,  after  the  words  "  no  State  shall  be  de- 
prived of  territory  for  the  benefit  of  the  United 
States,"  there  be  inserted  the  words;  "The  United 
States  in  Congress  assembled,  shall  have  power  to 
appoint  commissioners,  who  shall  be  fully  authorized 
and  empowered  to  ascertain  and  restrict  the  bound- 
aries of  such  of  the  confederated  States  which  claim 
to  extend  to  the  river  Mississippi  or  South  Sea." 
This  was  debated,  and  the  vote  taken  the  following 
day. 

Such  a  flagrant  infraction  of  State  sovereignty  was 
of  course  negatived  by  Congress,  six  States  voting 
solidly  against  the  amendment,  while  one.  New 
York,  was  divided.  An  unfortunate  and  short-sighted 
jealousy  against  the  States  possessed  of  unsettled 
western  lands  was  at  the  root  of  this  movement, 
and  it  is  surprising  to  find  Maryland  statesmen 
advocating  it.  After  all  the  objections  of  the  States 
were  read  and  considered,  New  Hampshire,  New 
York,  and  Virginia  expressing  themselves  as  satis- 
fied with  the  Articles  as  reported,  a  form  of  ratifica- 
tion was  prepared,  Richard  Henry  Lee  being  made 
chairman  of  the  committee  named  for  this  purpose. 
The  "Powers  of  the  States  to  their  delegates  to 
ratify  the  Articles  of  Confederation,"  '  were  extended 
upon  the  journal  and  Congress  adjourned  June  27th, 
to  meet  again  in  Philadelphia  July  2d.  Charles 
Carroll  had  then  returned  to  Maryland,  and  Samuel 
Chase,  George  Plater,  and  James  Forbes  were  the 
Maryland  delegates  present. 

'  Ibid, 


Charles  Cai'voll  of  Carrollton. 


( 

I 

I. 


Charles  Carroll  of  Carrollton  and  George  Plater 
wrote  from  Congress  in  June  to  Governor  Johnson  and 
the  Maryland  Assembly  a  report  of  its  proceedings. 


Sir 


8th  June,  1778,  York. 


Your  letter  of  the  2nd  instant  was  put  into  our  hands 
this  morning  by  Col.  Smith,  and  referred  to  the  Board  of 
War.  We  sincerely  wish  the  state  of  our  clothing  at  or 
near  the  army  may  be  such  as  to  suffer  that  Board  to  give 
the  order  in  the  extent  you  desire.  Col.  Smith  will  re- 
ceive their  answer  tomorrow.  We  hope  and  have  the 
strongest  reason  to  believe,  our  army  will  never  again  be 
exposed  to  the  same  inconveniences  and  distress  they 
have  hitherto  suffered  from  the  want  of  clothing.  We 
understand  8  or  10,000  suits  are  in  the  50  gun  ship  lately 
arrived  in  Virginia,  and  still  larger  supplies  have  arrived 
at  the  eastward. 

By  all  accounts  from  Camp  and  Philadelphia  the  enemy 
appear  to  be  on  the  eve  of  evacuating  that  city.  It  is 
conjectured  they  will  march  through  the  Jersiesto  South 
Amboy,  where  it  is  said  a  number  of  boats  are  in  readi- 
ness to  carry  them  over  to  Staten  Island. 

War  between  Prussia  and  Austria  respecting  the  division 
of  the  late  Elector  of  Bavaria's  territories,  by  the  latest 
accounts  from  Europe,  is  much  to  be  apprehended,  and 
Mr.  Francy  informed  us  that  war  was  certainly  declared 
between  Russia  and  the  Porte.  The  French  Court  had 
detained  all  English  vessels  in  their  ports  in  conse- 
quence of  a  refusal  by  the  Court  of  London  to  deliver  up 
an  American  vessel  captured  on  the  coast  of  France  by 
an  English  privateer.  We  enclose  you  copies  of  letters 
from  Lord  Howe  and  Sir  Henry  Clinton's  letters  to  Gen- 
eral   Washington    and   to   Congress,   and   our   answer. 


H 


Letters  of  Carroll  and  Plater.  7 

These  may  be  printed  if  you  think  proper,  and  we  beg 
the  favor  of  you  to  lay  them  before  the  Assembly. 
We  are  with  great  respect,  Your  Excellency's 
Most  obedient  humble  servants 

Ch.  Carroll  ok  Carrollton. 
Geo.  Plater.' 


Ydrk,   Monday  P.M.  22iul  June,  177S. 

Gentlemen  : 

The  instructions  of  the  House  of  Delegates  of  the  i8th 
instant  we  this  morning  received  in  a  letter  from  Mr. 
Chase,  and  laid  them  before  Congress  ;  whereupon  at  our 
earnest  desire,  it  was  resolved  to  take  into  immediate 
consideration  the  amendments  proposed  by  our  State 
to  the  Confederation,  although  Congress  had  previously 
determined  to  take  up  the  amendments  offered  by  the 
several  States  in  the  order  in  which  the  States  are  ranged 
in  tlie  Confederacy,  beginning  first  with  New  Hampshire, 
and  so  on. 

This  evening  the  three  amendments  offered  by  Mary- 
land were  debated  and  eleven  States  out  of  twelve  present, 
rejected  the  amendments  to  the  4th  and  8th  articles,  so 
that  our  State  only  voted  for  them.  The  fate  of  the 
most  important  amendment  is  not  yet  decided,  the  ques- 
tion being  put  off  by  adjournment  till  tomorrow  morn- 
ing, when  it  will  probably  be  rejected  by  a  majority  of 
eight  States  out  of  twelve. 

A  Confederation  at  this  critical  juncture  appears  to 
Congress  of  such  momentous  consequence  that  I  am  sat- 
isfied a  great  majority  are  resolved  to  reject  the  amend- 
ments from  every  State,  not  so  much  from  an  opinion  that 
all  the  amendments  are  improper,  as  from  the  conviction 

'  Maryland  Historical  Society. 


8 


Charles  Carroll  of  Carrollton. 


that  if  any  should  be  adopted  no  Confederation  will  take 
place,  at  least  for  some  months,  perhaps  years  ;  and  in 
that  case,  many  apprehend  none  will  ever  be  entered  into 
by  all  of  the  present  United  States.  The  distractions 
probable  consequent  on  such  an  event,  and  the  many 
dangers  and  evils,  which  may  arise  from  partial  Confed- 
eracies (which  you  may  more  easily  paint  to  yourselves 
than  we  can  express)  have  determined  some  States  to 
accept  the  present  Confederation,  although  founded  on 
principles  not  altogether  consistent,  in  their  opinion,  with 
justice  and  sound  policy.  For  if  any  amendments  should 
be  adopted,  it  will  then  be  necessary  to  send  the  Confed- 
eration back  to  those  States  whose  [legislatures  have 
empowered  their  delegates  to  sign  and  ratify  it  in  its 
present  form  ;  for  instance  to  New  Hampshire,  New 
York,  Virginia,  and  North  Carolina,  the  delegates  of 
which  States  are  positively  instructed  to  ratify  the  Con- 
federation as  it  now  stands,  and  some  of  them  are  di- 
rected to  admit  of  no  alterations,  even  literary  ones,  such 
as  would  not  affect  the  true  spirit  and  meaning  of  any 
Article,  but  only  serve  to  elucidate  that  meaning  and 
spirit  by  removing  all  ambiguity  and  doubt. 

In  debating  our  second  amendment,  viz.  to  the  8th 
Article,  it  was  admitted  on  all  sides  to  be  the  true  mean- 
ing and  intention  of  that  Article,  that  all  lands,  not  only 
those  already  granted  to,  or  surveyed  for  any  person, 
should  be  subjected  to  valuation,  and  considered  as  a  part 
of  the  whole  wealth  of  the  State  in  which  they  lie.  It 
was  contended  by  several  members  that  the  meaning  of 
the  8th  Article  is  clearly  expressed,  but  confessed  by 
some  to  be  dark  and  ambiguous,  who  nevertheless  voted 
against  the  amendment,  for  the  reasons  we  have  already 
assigne-      The  amendment  to  the  4th  Article  was  con- 


Maryland  Ameudment  Rejected. 


sidered  by  every  State,  Maryland  excepted,  as  unimport- 
ant, the  Article  not  being  liable,  in  the  opinion  of  any 
other  State  to  the  objection  made  and  consequences  ap- 
prehended by  Maryland. 

23rd  P.  M.  Our  third  amendment  has  just  been  re- 
jected by  a  majority  of  one  State  ;  the  division  was  as 
follows  : 


For  Amendment 

Rhode  Island 

Jersey 

Pennsylvania 

Delaware 

Maryland 


Against  Amendment 
New  Hampshire 
Massachusetts 
Connecticut 
New  York  divided 
North  Carolina  absent 
South  Carolina 
Georgia 
Virginia 
Inclosed  you  have  a  copy  of  General  Washington's 
letter  received  this  morning. 

We  are  with  great  respect,  Gentlemen,  &c. 

Geo  :  Plater, 
Ch.  Carroll  of  Carrollton.' 

Of  Maryland's  opposition  to  the  Articles  of  Con- 
federation, one  of  her  historians  writes : 

"  Virginia  still  adhered  to  her  claim  to  the  western 
lands,  and  had  succeeded  in  securing  in  the  Articles  of 
Confederation,  a  clause '  that  no  State  should  be  de- 
prived of  her  territory  for  the  benefit  of  the  United  States  ' 
and  Maryland  refused  to  give  in  her  adherence  to  those 
articles  while  that  clause  existed.  The  preceding  Legis- 
lature had  solemnly  protested  against  this  unjust  ap- 
propriation of  all  the  public  lands  won  by  the  blc.  J  and 

'  Ms  :  Letter,  Dr.  Thomas  A.  Emmet,  New  York. 


J^^ 


;i 


lo  Charles  Carroll  of  Carrollto7t. 

treasure  of  all,  and  directed  their  delegates  in  Congress 
to  lay  their  ])rotcst  before  that  body,  and  to  offer  an 
amendment  authorizing  Congress  to  fix  the  limits  of 
those  States  claiming  to  the  Mississippi  or  South  Sea."  ' 

This  one-sided  and  erroneous  statement  of  Vir- 
ginia's position  is  still  repeated  in  substance  by 
Maryland  writers,  though  nothing  has  been  more 
clearly  established  than  the  two  points  in  conten- 
tion ;  the  validity  of  Virginia's  title  to  her  western 
territory,  through  her  charters,  and  the  justice  of  her 
claim  to  it  as  won  by  her  "  blood  and  treasure " 
alone  during  the  Revolution,  in  the  expedition  of 
George  Rogers  Clark.  But  if  Virginia's  territory 
did  not  extend  to  the  Mississippi,  then  the  land 
could  not  be  claimed  by  any  of  the  colonies.  And 
as  has  been  well  said  by  a  modern  writer: 

"A  denial  of  the  western  titles  on  the  ground  that  the 
western  lands  belonged  to  the  Crown,  tended  to  subvert 
the  very  foundation  on  which  Congress  instructed  its 
foreign  representatives  to  stand  whili;  contending  with 
England,  France  and  Spain  for  a  wes^vvard  extension  to 
the  Mississippi.  Accordingly  the  Maryland  doctrine  was 
a  dangerous  one  ;  it  left  no  standing  ground  on  which  to 
contend  for  the  western  country  but  that  of  conquest 
and  occupancy.  But  Congress  wisely  kept  wide  of  the 
Maryland  path  leading  to  the  Maryland  goal,  and  event- 
ually worked  out  a  solution  of  the  Western  question  on 
the  principle  of  compromise  and  concession."  "^ 

'  McSherry's  "  History  of  Maryland." 

"^  Hinsdale's  "  Old  Northwest,"  p.  215.      See  also  Henry's  "  Life 
of  Patrick  Henry,"  vol.  ii.  p.  75,  for  a  full  discussion  of  the  subject. 


i! 


A  Dangerous  Doctrine, 


1 1 


iquest 
)f  tb« 
ivent- 


Charles  Carroll,  barrister,  represented  the  Carrolls 
in  the  Maryland  Senate  at  its  spring  session,  1778, 
while  Charles  Carroll  of  Carrollton  was  at  Valley 
Forge.  But  at  the  fall  session  of  the  Assembly 
which  met  on  the  29th  of  October,  the  latter  was 
in  his  place  promptly,  his  kinsman,  the  barrister, 
not  appearing  until  November  9th.,  which  was  the 
first  day  that  a  quorum  was  present  in  the  Senate. 
Charles  Carroll  of  Carrollton  resigned  his  seat  in 
Congress  at  this  time,  and  George  Plater,  William 
Paca,  William  Carmichael,  John  Henry,  James 
Forbes,  and  Daniel  of  St.  Thomas  Jenifer  were 
elected  delegates.' 

Charles  Carroll  of  Carrollton  was  placed,  as  usual, 
on  the  most  important  committees ;  one  of  these, 
appointed  on  the  21st,  was  empowered  to  draw  up 
instructions  for  the  Maryland  Congressmen,  Carroll's 
associates  being  Matthew  Tilghman,  Charles  Carroll, 
barrister,  Thomas  Stone,  and  Thomas  Jennings. 
Two  days  later  he  was  named  one  of  a  committee 
for  drafting  bills  on  the  acts  of  Congress  providing 
for  disabled  soldiers  and  seamen,  and  relative  to  the 
Treasury  of  the  United  States.  The  absorbing  ques- 
tion of  the  Articles  of  Confederation  next  occupied 
the  Assembly,  and  on  the  30th  of  November  the 
Senate  received  the  following  message  on  the  sub- 
ject from  the  House  of  Delegates  : 

"  Resolved,  That  in  the  opinion  of  this  House  it  is 
fundamently  wrong,  and  contrary  to  all  the  principles  of 
equity  on  which  a  C.^nfederation  ought   to  be  founded, 


Ibject. 


'  Journal  of  the  Maryland  Senate. 


1 2  Charles  Carroll  of  Carrollton, 


II 


\ 


that  the  State  of  Maryland  or  any  other  State  in  similar 
circumstances,  should  be  burthened  with  very  heavy  ex- 
pense for  the  subduing  and  guarantying  immense  tracts 
of  country,  when  they  are  to  have  no  share  of  the  monies 
arising  from  the  sale  of  lands,  or  to  be  otherwise  bene- 
fitted thereby,  and  that  this  State  ought  to  declare,  that 
they  mean  not  on  those  terms,  to  incur,  nor  will  be  re- 
sponsible for,  any  part  of  such  expense. 

''^  Resolved^  That  in  the  opinion  of  this  House  we  ought 
to  rely  on  the  wisdom  and  justice  of  Congress,  to  put 
such  construction  on  the  8th  Article  of  the  Confedera- 
tion, as  may  be  consistent  with  the  general  scope  and 
intention  thereof  ;  and  that  our  Delegates  in  Congress 
be  instructed  to  move  for  an  additional  article  assuring 
every  State  in  the  Union,  that  all  lands  that  have  been  or 
shall  be  conquered  or  purchased  at  the  common  expense, 
and  which  were  not  located,  granted,  surveyed  or  settled, 
at  the  commencement  of  the  war,  or  the  money  arising 
from  the  sale  thereof,  shall  be  distributed  agreeably  to 
the  rule  laid  down  in  the  8th  Article,  for  adjusting  the 
proportion  of  public  expences  ;  which  being  obtained, 
the  State  of  Maryland  will  cordially  accede  to  the  Articles 
of  Confederation  and  Perpetual  Union.  But  should  so 
equitable  a  claim  be  denied,  the  duty  we  owe  to  ourselves 
and  posterity  will  not  permit  us  to  ratify  a  scheme,  which 
is  fraught  with  the  ruin  of  us  and  the  States  in  similar 
circumstances." ' 


A  committee  was  appointed  by  the  Senate  to 
meet  a  committee  of  the  House  to  deliberate  on 
the  propositions  respecting  the  Confederation,  and 
Charles  Carroll  of  Carrollton,  who  was  so  familiar 


Ibid. 


'%\ 


^1' 


Resolutions  finally  .\dopted. 


>3 


with  the  subject  as  debated  in  Congress,  was  one  of 
the  four  Senators  designated.  The  others  were  Mat- 
thew Tilghnnan,  Robert  Goldsborough,  and  Thomas 
Jennings.  The  "  Declaration  "  relative  to  the  Con- 
federation, with  the  "Instructions"  to  the  Dele- 
gates in  Congress,  and  the  Treaty  of  Alliance 
entered  into  with  P'rance,  were  read  in  the  Senate 
on  the  1 5th  of  December.  On  this  same  day,  Charles 
Carroll  of  Carrollton  and  Brice  Thomas  Beale  Worth- 
ington  were  appointed  conferrees  to  meet  a  House 
committee  and  prepare  an  account  of  the  expendi- 
tures of  all  public  monies  in  the  State,  to  be  laid  be- 
fore the  Assembly. 

There  was  a  good  deal  of  friction  between  the  two 
branches  of  the  Legislature  at  this  time,  on  several 
points  ;  notably  on  the  subject  of  increasing  **  the 
diurnal  allowance  of  members  of  the  General  As- 
sembly," a  measure  advocated  by  the  House  of 
Delegates  but  opposed  by  the  Senate.  The  old 
formal  terms  of  respect  learned  under  the  monarchi- 
cal regime^  were  still  in  use  in  addressing  the  Repub- 
lican Executive  and  Senate  ;  "  Your  Excellency  " 
for  the  Governor,  and  *'  May  it  please  your  Honors," 
for  the  members  of  the  Upper  House.  The  miniature 
Commons,  the  House  of  Delegates,  were  in  turn 
simply  designated  **  Gentlemen  "  by  the  aristocratic 
Senate. 

"  If  your  Honors,"  say  the  gentlemen  of  the 
Lower  House,  in  response  to  what  they  deem  sar- 
castic and  unfair  treatment  by  the  Senate,  "  had 
been  equally  solicitous  with  us  to  preserve  the  dig- 
nity of  the  two  Houses,  and  to  avoid  unbecoming 


14  Charles  Carroll  of  CarrolltoH, 

sarcasms  and  irritating  sneers,  the  session  would  not 
have  been  prolonged  beyond  that  period  in  which  tlic 
public  business  might  have  been  transacted."  And 
they  put  it  to  the  frugally  minded  Senators :  *'  Do 
your  Honors  think  a  gentleman  can  live  in  the  city 
of  Annapolis  for  less  than  the  proposed  sum  ? "  [forty 
shillings,  about  $8.00  per  day).  The  House  then 
tries  a  little  irony  on  the  Senate,  in  returning  a  bill 
which  the  latter  would  not  pass  without  an  amend- 
ment obnoxious  to  the  House  : 


ifl 


*'  If  then  there  are  any  instances  in  which  the  public 
Treasury  will  be  robbed,  either  through  the  ignorance, 
mistake  or  design  of  men,  to  whom  the  execution  of  our 
laws  has  been  committed,  no  doubt  your  Honors*  known 
attachment  to  the  frugality  of  finance,  will  suggest  the 
propriety  and  necessity  of  receding  from  your  proposed 
amendment." 


To  this  the  Senate  reply  that  it  is  their  wish  to 
avoid  altercation  at  all  times,  but  they  see  no  cause 
to  recede  from  their  amendment,  yet  if  they  find  on 
reflection  that  they  are  mistaken,  "  the  next  session 
will  afford  opportunity  of  applying  proper  remedy." 
After  naming  Charles  Carroll  of  Carrollton  and 
Thomas  Jennings  as  those  members  of  the  Senate 
who  were  to  join  a  House  committee  in  preparing, 
during  the  recess  of  the  Assembly,  a  bill  for  amend- 
ing and  declaring  the  criminal  law,  the  Senate  ad- 
journed, and  it  was  ordered  that  Charles  Carroll  of 
Carrollton  revise  and  correct  their  proceedings.' 

'  Ibid. 


Chase  Creates  a  Sensation. 


•5 


When  the  Assembly  met  again  on  tlie  9th  of 
March,  1779,  Charles  Carroll  of  Carrollton  was  pres- 
ent in  the  Senate,  Charles  Carroll,  barrister,  taking 
his  seat  some  days  later.  At  this  session  Samuel 
Chase  created  no  small  scandal  and  disturbance,  one 
may  imagine,  by  his  accusation  of  treason  against 
some  of  the  most  prominent  members  of  the  Mary- 
land Senate.  He  had  made  these  charges  publicly, 
outside  of  the  Assembly,  as  it  was  reported,  and 
was  required  to  give  an  explanation  of  his  conduct. 
He  now  'I'ed  Samuel  Wilson  a  "traitor,"  and 
declared  "1  nomas  Jennings  a  suspicious  character, 
saying  that  he  had  been  neutral  in  the  present  dis- 
pute until  very  lately,  and  that  he  had  taken  the 
oath  of  allegiance  to  two  "  free  and  independent 
States,"  and  he  could  not  be  faithful  to  both  of 
them.  Charles  Carroll,  barrister,  and  Matthew  Tilgh- 
man  were  accused  by  Chase  of  having  said,  while  in 
Congress  in  December,  1776,  that  propositions  of 
reconciliation  should  be  made  with  General  Howe. 

Asked  if  he  had  anything  further  to  declare,  this 
virtuous  patriot  replied,  "  It  might  look  like  partial- 
ity if  I  passed  by  the  President."  Daniel  of  St. 
Thomas  Jenifer  was  President  of  the  Senate,  and  he 
was  then  charged  by  Samuel  Chase  with  having 
written  a  certain  imprudent  letter  in  1777,  and  with 
saying,  in  conversation,  to  Dr.  Craik,  sometime 
during  the  previous  spring,  that  "  it  was  time  to 
bring  about  a  reconciliation."  Jenifer  denied  this, 
and  Mr.  Chase  and  his  accusations  were  relegated, 
for  final  investigation,  to  an  early  day  in  the  succeed- 
ing Assembly.     An   important   message,   probably 


hi 


I 

! 


u 


i6 


Charles  Carroll  of  Carrollton. 


penned  by  Charles  Carroll  of  Carrollton,  was  carried 
by  him  from  the  Senate  to  the  House,  March  20th, 
asking  for  alterations  in  the  supplement  to  the 
Supply  Bill  for  1779.  The  matter  of  the  pay  of 
members  coming  up  again,  a  message  from  the 
House  was  read,  March  2ist,  a  resolution  "that 
three  pounds  current  money  per  day  be  allowed  to 
each  member  of  the  General  Assembly  during  his 
attendance  at  this  session  and  three  pounds  a  day 
for  itinerant  charges."  Charles  Carroll  of  Carrollton 
then  gave  notice  that  he  would  protest  against  the 
resolution,  which  he  did  in  the  following  words : 

Dissentient,  ist.  Because  this  resolve  sets  a  danger- 
ous precedent  for  future  legislators  to  vote  the  people's 
money  into  their  own  pockets  ;  for  if  the  former  are  at 
liberty  to  increase  their  own  wages  ad  libitum^  and  the 
desire  of  gain  should  overcome  the  dictates  of  duty  and 
honesty,  the  dread,  and  not  the  love  of  the  people,  would 
alone  deter  men  of  such  character  from  enriching  them- 
selves with  the  spoils  of  their  constituents. 

Secondly.  Because  this  resolve  plainly  discovers  a 
disposition  to  reheve  ourselves  from  the  effects  of  a 
depreciated  currency,  while  private  creditors,  and  the 
])ublic,  remain  unredressed,  and  continue  to  be 
stripped  of  their  revenues  and  property  b^^  an  ex  post 
facto  tender  law,  unnecessary  and  impolitic  at  its  com- 
mencement, injurious  and  oppressive  in  its  continuance, 
and  alike  destructive  of  private  and  public  faith. 

Thirdly.  Because  this  resolve  appears  to  be  a  mani- 
festation of  the  continuance  of  that  spirit,  which  there 
is  reason  to  apprehend,  influenced  too  many  to  pass  the 
tender  law,  viz.,  the  preference  of  private  to  the  public 


Carroll  Dissents  to  a  Resolve. 


17 


ried 
oth, 
the 
J   of 
the 
that 
:d  to 
T  his 
I  day 
)llton 
t  the 


anger- 
eople's 

are  at 
,nd  the 
ity  and 

would 

them- 

Dvers  a 
ts  of  a 
nd  the 
to    be 
ex  post 
s  com- 
nuance, 

la  mani- 
Ih  there 
)ass  the 
pubUc 


interest.  By  that  law  individuals  have  acquired  property 
at  the  public  cost,  and  the  public  treasury  has  been  de- 
prived of  a  fund,  which  at  the  conclusion  of  this  war,  if 
properly  managed,  would  have  enabled  the  State  to  dis- 
charge all  its  own  incumbrances,  and  part  of  its  quota  of 
the  Continental  debt,  without  imposing  such  very  heavy 
taxes,  as  now,  by  the  abolition  of  that  fund,  are  become 
absolutely  necessary  to  discharge  the  debt  incurred  by 
the  war,  and  the  raaintainance  of  our  civil  and  military 
establishments. 

Charles  Carroll  of  Carrollton.' 

Work  v/as  at  this  time  mapped  out  for  the  joint 
committee  of  the  two  Houses,  who  were  to  sit  dur- 
ing the  recess  of  the  Assembly,  to  examine  the  ac- 
counts of  the  Auditor-General,  Commissary  of  Stores, 
and  Commissary  of  the  Loan  Office,  and  to  inquire 
into  and  report  upon  the  expenditure  of  the  public 
money  advanced  to  certain  individuals  who  were  to 
have  furnished  cannon,  muskets,  etc.,  to  the  State. 
This  committee  was  to  have  power  to  call  on  the 
Council  of  Safety,  and  the  Governor  and  Council, 
for  their  proceedings,  to  look  into  the  expenditure 
of  all  the  public  funds,  to  send  for  such  persons, 
papers,  or  records  as  they  deemed  necessary,  and 
they  were  to  be  allowed  a  clerk  and  doorkeeper, 
while  all  their  expenses  were  defrayed  by  the  As- 
sembly. The  Senate  members  appointed  on  this 
committee  were  Charles  Carroll  of  Carrollton,  Brice 
Thomas  Beale  Worthington,  and  William  Hind- 
man.     Caustic  messages  then  went  back  and  forth 


Ibid. 


VOL.    11. — 2 


!i 


1 8  Charles  Cari'oll  of  Car'i'ollton. 

between  the  two  Houses,  on  the  subject  of  the 
communication  of  the  Senate  relating  to  the  Supply 
Bill,  which  the  House  of  Delegates  declined  to  an- 
swer, maintaining  their  right  to  originate  and  frame 
money  bills,  in  which  class  they  considered  the  Sup- 
ply Bill  to  belong.  The  bill  finally  passed  the  Sen- 
ate, Charles  Carroll  of  Carrollton  alone  dissenting, 
and  it  was  carried  to  the  House  of  Delegates  by 
Charles  Carroll,  barrister,  with  the  following  mes- 
sage : 


\\ 


*'  Gentlemen  : 

"  The  declining  to  answer  our  messages  is  a  conduct 
so  singular,  and  so  unbecoming  a  branch  of  legislature, 
that  we  really  should  have  been  at  a  loss  to  conceive  to 
what  motives  it  might  be  ascribed,  had  not  your  mes- 
sage of  this  day,  accompanied  with  a  resolve  in  reply  to 
ours,  calling  for  an  answer,  discovered  to  us,  that  a  warm 
and  zealous  attachment  to  the  rights  and  privileges  of 
your  own  House  had  excited  some  fears  and  jealousies  of 
a  design  in  ours  to  encroach  on  those  rights  and  privi- 
leges ;  had  we  been  left  to  guess  at  your  motive  we 
might  have  ascribed  it  to  a  different  cause.  It  is  indeed 
remarkable,  that  those  fears  and  jealousies  should  imme- 
diately vanish,  when  two  days  after  we  returned  you  the 
resolve  of  your  House  for  increasing  our  own  allowances 
without  limitation  of  time,  with  a  negative  accompanied 
by  a  message,  proposing  an  alteration  to  be  inserted  in 
another  resolve,  to  which  you  most  readily  agreed.  The 
consistency  and  propriety  of  your  conduct  in  these  two 
instances,  we  shall  leave  to  yourselves  to  determine  ; 
suffer  us  only  to  remark  as  something  extraordinary,  that 
your  extreme  sensibility  and  watchfulness  for  your  rights 


The  Supply  Bill  Debated. 


19 


the 
.ply 
an- 
amc 
5up- 
Sen- 
ting, 
s  by 
mes- 


nduct 

lature, 

live  to 

r  mes- 

eply  to 

I  warm 

;gcs  of 

Lisies  of 
privi- 

tive  we 

1  indeed 
imme- 
?ou  the 
[wances 
ipanied 
Irted  in 
The 
[ese  two 
;rmine  ; 
iry,  that 
rights 


in  the  first  instance  was  so  soon  followed  by  great  calm- 
ness and  ready  acquiescence  in  the  second. 

"The  objection  mentioned  in  our  message  by  Charles 
Carroll  of  Carrollton  most  clearly  lying  against  the  origi- 
nal law,  and  as  we  then  thought  against  the  present  bill, 
which  in  respect  of  the  assessment  of  an  additional 
pound  rate  is  consolidated  with  it,  and  being  in  our 
opinion  very  material,  we  were  constrained  by  our  love 
of  justice,  which  in  all  acts  of  legislation  should  at  all 
times  be  preserved,  to  point  it  out  to  you.  We  did  it 
without  the  least  intention  of  infringing  the  rights  of 
your  House,  and  in  a  manner  we  judged  most  unexcep- 
tionable, that  you  might  have  an  opportunity,  if  you 
thought  proper,  of  making  the  alteration,  and  although 
upon  reconsideration  of  the  bill,  it  appears  doubtful 
whether  our  objection  does  so  clearly  apply  against  that, 
as  against  the  original,  yet  we  still  think  it  worthy  your 
notice,  as  all  laws  ought  to  be  couched  in  the  most  clear 
and  unequivocal  terms.  However,  gentlemen,  as  you 
have  determined,  perhaps  wisely,  to  enter  into  no  argu- 
ment on  the  occasion,  which  in  truth  we  had  no  inten- 
tion or  desire  of  leading  you  into,  and  as  we  have  not  in 
any  instance  discovered  a  disposition  to  make  the  least 
attempt,  either  directly  or  indirectly,  tO  violate  the  rights 
and  privileges  of  your  House,  we  shall  at  present  con- 
tent ourselves  with  sending  you  down  the  bill  with  our 
assent,  which  it  was  our  intention  to  have  done,  had  you 
not  agreed  with  us  in  sentiment  on  the  proposed  objec- 
tion, and  which,  indeed  is  plainly  enough  implied  in  the 
message  itself."  ' 

The  Senate  adjourned  on  the  25th  of  March.  The 
Assembly  was  convened  again   by  the  Governor's 

1  Ibid. 


»»: 


r 

■I. 


J 


1 1 


!,/ 


20  Charles  Carroll  of  Carrollton. 

proclamation  July  15th,  but  Charles  Carroll  of  Car- 
rollton was  not  present.  At  this  session  Thomas 
Jennings  resigned  his  seat,  probably  out  of  indigna- 
tion at  the  charge  made  against  him  by  Samuel 
Chase.  The  accusation  against  Samuel  Wilson  was 
examined  into,  and  no  proof  of  '*  toryism  "  or  "  trea- 
son "  could  be  discovered.  Chase  filed  a  statement 
in  the  journal  relative  to  Charles  Carroll,  barrister, 
Thomas  Jennings,  and  others,  and  the  extra  session 
closed  August  15th. 

At  the  regular  fall  session  of  the  Assembly  both 
of  the  Charles  Carrolls  were  in  their  places  in  the 
Senate,  and  Daniel  Carroll  was  given  a  seat  in  the 
new  Council.  Thomas  Sim  Lee,  of  the  distinguished 
Lee  family  of  Virginia  and  Maryland,  was  elected 
Governor.  A  joint  committee  of  both  Houses  was 
deputed  to  draw  up  an  address  of  thanks  to  the  re- 
tiring Governor,  and  Matthew  Tilghman  and  Charles 
Carroll  of  Carrollton,  with  William  Paca,  were  the 
Senators  named  for  this  purpose.  A  committee  of 
both  Houses  was  appointed  on  the  29th  of  Novem- 
ber to  hold  a  conference  on  the  subject  of  the  proper 
measures  to  be  used  to  procure  supplies  of  flour  and 
forage,  clothing,  blankets,  shoes,  etc.,  for  the  troops 
of  the  State,  also  to  consider  the  recommendation 
of  Congress  to  the  States,  as  to  concerting  laws  "  for 
establishing  and  carrying  into  execution  a  general 
limitation  of  prices."  Matthew  Tilghman,  Charles 
Carroll  of  Carrollton,  and  Brice  Thomas  Beale  Worth- 
ington  were  appointed  from  the  Senate.  The  re- 
port of  the  conference  was  made  on  the  nth  of 
December.     They  did  not  think  it  was  expedient  at 


n^ 


Laws  for  LUniting  Prices. 


21 


Car- 
omas 
iigna- 
imuel 
n  was 
*'  trea- 
ement 
rrister, 
session 

y  both 
in  the 
in  the 
cfuished 
elected 
ises  was 
)  the  re- 
Charles 
/ere  the 
littee  of 
Novem- 
e  proper 
our  and 
e  troops 
ndation 
ws  "  for 
general 
Charles 
Worth- 
The  re- 
nth  of 
idient  at 


that  time  to  regulate  prices  in  Maryland,  and  they 
suggested  a  meeting  of  commissioners  from  the  sev- 
eral States  at  Philadelphia  the  first  Monday  in  Janu- 
ary, 1780,  to  consider  the  subject.' 

A  petition  of  the  Quakers  was  read  about  this 
time,  and  sent  to  the  House  by  Charles  Carroll  of 
Ca.  llton.  On  the  15th  of  December  the  Senate 
voted,  Charles  Carroll  going  with  the  majority,  to 
strike  out  a  clause  in  the  act  relating  to  deceased 
persons  : 

"That  every  inventory  and  appraisement  of  estate  of 
deceased  person  hereafter  to  be  made,  shall  be  in  paper 
currency,  at  the  current  prices,  at  the  time  of  the  ap- 
praisement, and  the  warrant  to  the  appraisers  and  their 
oath  shall  be  to  value  the  estate  accordingly,  and  the 
executor  or  administrator  shall  be  answerable  for  the 
amount  of  such  appraisement  and  accountable  thereof  to 
the  creditors  or  legal  representatives  of  his  testator  or 
intestate." 

A  bill  to  prohibit,  for  a  limited  time,  the  exporta- 
tion of  wheat,  flour,  rye,  etc.,  with  the  proviso, 
"  That  this  did  not  prohibit  any  farmer  or  planter  of 
the  State  from  carrying  his  grain  or  other  article 
therein  mentioned  to  his  usual  market  for  sale," 
brought  out  a  tie  vote,  and  the  motion  was  therefore 
lost.  There  were  eight  members  of  the  Senate  pres- 
ent, and  Charles  Carroll  of  Carrollton  was  one  of  the 
four  who  voted  in  the  affirmative.  Charles  Carroll, 
barrister,  had  received  leave  of  absence  some  time 
previous.      At  the  second  reading  of   the  bill  for 

'  Ibid 


«    * 


f 


:\ 


'V 


22  Charles  Carroll  of  Carrollton, 

more  effectually  preventing  forestalling  and  engros- 
sing, it  was  proposed  that  the  fine  incurred  should 
be  changed  to  **  not  exceeding  ;^io,ooo,"  instead  of 
simply  ";^  10,000."  The  motion  was  negatived, 
Charles  Carroll  of  Carrollton  being  one  of  the  three 
Senators  who  voted  in  its  favor.' 

A  message  from  the  House  expressed  dissent  in 
warm  terms  from  the  amendment  to  the  bill  relating 
to  the  estates  of  deceased  persons.  **  Your  last  amend- 
ment," it  said,  "  is  wholly  inadmissible,  and  if  the 
cries  of  the  fatherless  and  widows  cannot  prevail  on 
your  Honors  to  recede  from  that  amendment,  we 
have  no  hopes  that  anything  we  can  say  will  have 
that  effect."  The  vote  was  taken  again  in  the  Sen- 
ate on  this  bill,  with  the  same  result,  and  Matthew 
Tilghman  and  Charles  Carroll  of  Carrollton  were  ap- 
pointed to  prepare  a  message  to  send  to  the  House, 
in  defence  of  their  course.  This  message  gave  as 
the  Senate's  motive  for  not  receding  from  their 
amendments,  that  otherwise  "  a  power  would  be 
thereby  given  to  the  justices  of  the  Orphans  Court 
or  to  the  Chancellor,  of  altering  the  last  wills  of  de- 
ceased persons  in  many  instances,  a  power  as  we 
conceive,  too  extensive  and  dangerous  to  be  lodged 
in  any  man  or  body  of  men."  The  message  con- 
tinues : 

"  We  cannot  suggest  the  reasons  which  occasioned  the 
unanimity  of  your  House  in  rejecting  the  amendment  in 
question  ;  they  were  no  doubt  forcible,  and  therefore  we 
;re  not  a  little  surprised  that  they  have  been  withheld 
from  us,  for  an  appeal  on  this  occasion  to  our  under- 

'  Ibid. 


Estates  of  Deceased  JWsoiis. 


23 


ngros- 
ihould 
ead  of 
itived, 
;  three 

sent  in 
elating 
amend- 
if  the 
:vail  on 
2nt,  we 
ill  have 
he  Sen- 
latthew 
vere  ap- 
House, 
gave  as 
im  their 
lould  be 
s  Court 
s  of  de- 
r  as  we 
lodged 
,ge  con- 

loned  the 
Iment  in 

Irefore  we 
withheld 

Ir  under- 


■'i 

% 


Standings,  had  been  full  as  proper  as  to  our  feelings,  not 
that  we  are  less  susceptible  to  pity  and  compassion  than 
yourselves,  or  less  desirous  of  drying  up  the  true  source 
of  the  tears  of  the  fatherless  and  widows  ;  the  proposed 
amendments  affording  equal  relief,  and  doing  stricter 
justice,  than  the  clause  as  it  stood  in  the  bill,  evince  the 
truth  of  these  assertions  ;  the  reflection,  therefore, 
obliquely  cast  upon  us  in  your  message  of  yesterday,  of 
being  regardless  of  the  cries  of  widows  and  orphans,  is 
not  only  injurious  and  impolite,  but  has  a  tendency  to 
destroy  that  temper  and  mutual  respect  which  are  so  ne- 
cessary to  be  preserved  by  public  bodies,  for  the  judicious 
and  dispassionate  transaction  of  the  public  business."  '" 

The  bill  for  the  confiscation  of  British  property 
was  the  next  point  at  issue  between  the  two  Houses. 
A  majority  in  the  Senate,  including  Charles  Carroll 
of  Carrollton,  were  for  referring  it  to  the  next  ses- 
sion, alleging  the  severity  of  the  weather,  for  it  was 
now  December,  and  the  "  prospect  of  danger  to  the 
Eastern  Shore  gentlemen  of  being  shut  out  from 
their  homes  during  the  winter."  But  the  House  of 
Delegates,  unmindful  of  such  considerations,  insist 
on  passing  the  bill.  Then  Matthew  Tilghman  and 
Charles  Carroll  of  Carrollton,  the  Senate's  tried  and 
chosen  penmen,  are  deputed  to  prepare  a  message 
for  the  House,  which  is  carried  to  them  by  Carroll. 
It  is  of  considerable  length,  and  contains  this  clever, 
slightly  sarcastic  paragraph  : 

"  Justice,  policy  and  necessity,  you  say,  influence  your 
conduct.      It   not    infrequently  happens   that   different 

'  Jl'iii. 


m 


aMBB 


I      I 


■( 


i\ 


I  \ 

I I 


24  Charles  Carroll  of  Carrollton, 

ideas  of  justice,  policy  and  necessity,  are  entertained  by 
different  bodies  of  men.  We  are  not  convinced  of  the 
justice  of  the  bill,  less  of  its  policy,  and  least  of  all  of  its 
necessity.  We  have  not  had  sufficient  time  to  make 
those  strict  and  full  researches  into  the  law  of  nations, 
which  you  say  you  have  made." 

After  stating  why  they  dissent,  the  message  ends : 
"  The  reasons  we  have  now  given  in  support  of  our 
conduct  on  this  bill,  in  consequence  of  the  informa- 
tion and  reasoning  you  have  offered  to  induce  a 
reconsideration,  will  evince  the  propriety  of  sending 
it  to  you  again  in  the  same  manner  we  first  returned 
it."  The  House  send  back  a  reply  twice  as  long  as 
the  Senate's  rejoinder,  in  which  they  say :  "  The 
length  and  multiplicity  of  matter  contained  in  your 
message  of  the  23rd,  by  Charles  Carroll  of  Carrollton, 
has  required  more  time  to  consider  it,  than  if  your 
Honors  had  confined  your  observations  and  reason- 
ing to  the  true  points  in  controversy."  The  Senate 
has  the  last  word  in  the  correspondence,  however, 
in  their  reply  to  the  House  sent  the  same  day,  De- 
cember 30th,  the  last  day  of  the  session  : 

"  To  your  long  message  of  this  day,  on  the  subject  of 
confiscation,  sent  us  at  the  moment  almost  v/hen  both 
Houses  expected  to  rise,  we  presume  you  do  not  look  for 
an  answer.  Decency,  however,  requires  that  we  acknow- 
ledge the  receipt,  and  that  it  has  been  read.  Circum- 
stances do  not  allow  us  to  say  more  than  what  in 
justice  to  ourselves  we  are  constrained  to  say,  that  we 
remark  some  misrepresentation,  and  much  fallacy  of 
argument.  It  was  our  wish  at  first,  and  nothing  now  re- 
mains but  to  refer  the  subject  to  the  consideration  of 


1^ 


The  Confiscation  Bill. 


25 


ed  by 
of  the 

of  its 

make 
ations, 

ends : 

of  our 

forma- 

iuce  a 

ending 

turned 

long  as 
"The 

n  your 

roUton, 

if  your 
reason- 
Senate 

owever, 
ay,  De- 

Ibject  of 
[en  both 
hook  for 
lacknow- 
Icircum- 
Iwhat    in 
that  we 
[Uacy  of 
now  re- 
fation  of 


■■?3 


another  session,  not  because  your  reasoning  is  unanswer- 
able, but  because  the  intention  of  both  Houses  to  rise 
this  evening,  will  not  admit  of  such  answer  as  might 
otherwise  well  be  given."  ' 

In  a  letter  to  Dr.  Franklin  written  at  this  time, 
Charles  Carroll  of  CarroUton  speaks  of  his  determina- 
tion to  resist  thi.=  act  for  the  confiscation  of  British 
property.  "  Because,"  he  says,  '*  I  think  the  measure 
impolitic,  contrary  to  the  present  practice  of  civil- 
ized nations,  and  because  it  may  involve  us  in  dififi- 
culties  about  making  peace,  and  will  be  productive 
of  a  certain  loss,  but  of  uncertain  profit  to  this  State, 
for  as  this  business  will  be  managed,  it  will  bo  made 
a  job  of,  and  an  opportunity  given  to  engrossers  and 
speculators  to  realize  their  ill-gotten  money."  En- 
tertaining these  views  of  the  impolicy  of  the  Confis- 
cation Bill,  Charles  Carroll  constantly  opposed  it, 
both  at  this  and  succeeding  sessions  of  the  Legis- 
lature. A  member  of  the  Maryland  Senate,  writing 
of  the  services  of  Thomas  Stone  as  State  Senator  in 
1 777-1782,  says  : 

"  There  was  a  severe  trial  of  skill  between  the  Senate 
and  the  House  of  Delegates,  on  the  subject  of  confiscating 
British  property.  The  Senate  for  several  sessions  unani- 
mously rejected  bills  passed  by  the  House  of  Delegates 
for  the  purpose  ;  many,  very  long  and  tart  were  the  mes- 
sages from  one  to  the  other  body  on  this  subject,  the 
whole  of  which  were,  on  the  part  of  the  Senate,  the  work 
of  Mr.  Stone  and  his  close  friend  and  equal  in  all  re- 
spects, the  venerable  Charles  Carroll  of  CarroUton."  '' 

>  IbiJ. 

^  Schart's  "  History  of  Maryland,"  vol.  ii.,  p.  23G,  Note, 


w 


|! 


il! 
It  ' 


26  Charles  Carroll  of  Carrolltou, 

It  was  not  until  the  spring  session  of  1780,  however, 
tliat  Thomas  Stone  appears  as  associated  with 
Charles  Carroll  in  this  matter. 

To  Dr.  Franklin,  also,  Charles  Carroll  of  Carrollton 
gives  his  reasons  for  leaving  the  Continental  Con- 
gress. His  retirement  was  regarded  as  a  serious  loss 
to  the  government,  and  was  deplored  by  many  of 
his  friends.  But  to  a  number  of  Americans,  at  this 
time,  a  seat  in  the  State  Assemblies  seemed  more 
honorable  and  useful,  than  one  in  the  Congress  of 
the  United  States.  Washingto'i  had  observed  this 
with  grief  and  dismay,  in  connection  with  some  of 
the  eminent  Virginians  and  others.  J.  Clement 
wrote  to  Richard  Henry  Lee,  October  3d,  1779: 
"  I  am  sorry  to  hear  that  the  first  great  Actors 
in  the  great  business  in  hand,  have  left  their  seats 
in  Congress.  It  is  a  bad  sign  for  the  common  cause. 
By  a  letter  from  Mr.  Carroll,  he  too,  I  find,  has  re- 
tired. He  has  written  to  me  a  very  sensible  letter 
on  the  subject  of  the  pamphlet  entitled  *  The  Mode 
and  Terms  of  an  Accommodation,  etc'  His  ideas 
in  general  concur  with  mine."' 

The  following  is  the  letter  to  Dr.  Franklin,  in 
which  Charles  Carroll  of  Carrollton  gives  an  account 
of  the  work  doing  in  the  Maryland  Assembly,  with 
other  news  of  public  interest. 

Annapolis,  December  5th,  1779. 
Dear  Sir  : 

The  bearer,  Mr.  Thomas  Ridout,  brother  of  Mr.  John 
Ridout  of  this  city,  with  whom  I  believe  you  are  ac- 
quainted, has  solicited  me  to  introduce  him  to  you.     As 

'  Lee  Papers,  Harvard  College  Library. 


'■4 

■I 


1 1  1 


Letter  to  Dr,  Franklin, 


27 


I  know  him  to  be  a  young  gentleman  of  modesty,  worth 
and  good  sense,  1  have  taken  that  Hberty.  Any  civilities 
it  may  be  in  your  power  to  show  him,  I  shall  esteem  as 
conferred  on  myself.  He  proposes  to  go  to  England 
from  France,  and  talks  of  returning  again  to  this  country 
on  a  peace.  He  is  not  in  the  least  acquainted  with  the 
following  contents  of  this  letter. 

Your  obliging  favor  of  the  2d  of  last  June  by  the 
Chevalier  de  la  Luzerne  (the  only  letter  of  all  those 
which  you  mention  to  have  written  that  is  come  to  hand) 
1  received  some  time  last  August.  I  have  not  yet  had 
tliC  pleasure  of  seeing  the  new  Minister,  having  resigned 
my  seat  in  Congress  this  twelve  month  past.  The  situa- 
tion of  my  domestic  concerns,  and  the  little  use  I  was  of 
in  that  Assembly,  induced  me  to  leave  it  altogether. 
The  great  deal  of  important  time  which  was  idly  wasted 
in  frivolous  debates,  disgusted  me  so  much  that  I  thought 
I  might  spend  mine  much  better  than  by  remaining  a 
silent  hearer  of  such  speeches  as  neither  edified,  enter- 
tained, or  instructed  me.  Whether  I  shall  be  so  fortunate 
as  to  entertain  you  while  reading  this  letter,  I  know  not ; 
instruct,  I  am  sure,  I  cannot.  However,  as  the  subject 
on  which  I  am  going  to  write  is  interesting  and  important, 
perhaps  the  sentiments  of  an  individual  who  has  had 
some  small  share  in  our  public  councils,  may  not  be 
altogether  unacceptable. 

A  Minister,  I  presume,  is  used  to  complaints  and  accu- 
sations ;  but  I  am  not  going  either  to  accuse  or  complain 
of  any  person,  but  to  describe  things  as  they  are,  or  at 
least,  as  they  appear  to  me.  The  state  of  our  public 
credit  first  claims  the  attention  of  all  good  Americans. 
The  depreciation  of  our  bills  of  credit  is  such  that  they 
scarcely  answer  the  purposes  of  money.  The  Congress 
has  stopped  the  press  ;  this  in  my  opinion  should  have 


,11 


I'll    :ili 


:i  V  1 


( 


lii 


28 


Charles  Carrol!  of  Carrolltofi. 


been  done  much  sooner,  or  not  done  at  the  time  it  was 
done.  They  have  recommended  heavy  taxation,  and 
have  called  on  12  States  (Georgia  is  out  of  the  (juestion) 
for  15  millions  of  dollars  monthly  ;  our  i)roi)ortion 
therefore,  is  1,580,000.  Our  Assembly  which  is  now  sit- 
ting will,  I  believe  assess  9  millions  of  dollars  to  be 
raised  in  g  months  ;  the  residue  is  proposed  to  be  raised 
from  the  sale  of  British  property,  for  the  confiscation  of 
which  a  bill  will  be  brought  in  this  session.  Whether  it 
will  pass  or  not,  I  can't  say  ;  it  shall  not  with  my  vote, 
because  I  think  the  measure  impolitic,  contrary  to  the 
present  practice  of  civilized  nations,  and  because  it  may 
involve  us  in  difficulties  about  making  i)eace,  and  will 
be  productive  of  a  certain  loss,  but  of  uncertain  profit 
to  this  State,  for  as  this  business  will  be  managed,  it  will 
be  made  a  job  of,  and  an  opportunity  given  to  engrossers 
and  speculators  to  realize  their  ill-gotten  money.  The 
following  particulars  will  give  you  some  idea  of  the 
depreciation  of  our  currency.  Gold  sells,  or  lately  sold 
in  Philadelphia  at  40  for  one.  A  gentleman  of  this 
place  and  my  acquaintance  told  me  he  had  refused 
;^5ooo  for  a  bill  of  exchange  of  ;^ioo  sterling  at  30  days 
sight  on  London,  and  would  not  part  with  his  bill  for 
less  than  ;^56oo.  Congress  has  advised  our  Assembly 
that  they  propose  dravring  bills  of  Exchange  at  six 
months  sight  on  Messrs,  Jiy  at  Madrid,  and  Laurens, 
who  is  going  to  Hollr.iirl,  to  the  amount  of  ;^2oo,ooo 
sterling  ;  that  is  for  ;^*ioo,ooo  sterling  on  each  of  those 
gentlemen.  At  what  exchange  these  bills  will  be  dis- 
posed of  I  can't  pretend  to  ascertain  ;  I  have  heard  25 
for  one  mentioned,  but  surely  a  better  exchange  will  be 
obtained,  or  else  the  public  will  soon  be  ruined  by  a  few 
such  strokes  of  finance. 
Wheat  sells  at  ;^20  per  bushel  and  the  rise  of  the  mar- 


Iv 


Depreciation  of  the  Currency, 


29 


ne  it  was 
tion,   and 
(luestion) 
roportion 
s  now  sit- 
xrs    to  be 
be  raised 
scation  of 
Hiethcr  it 
I  my  vote, 
iry  to  the 
ise  it  may 
,  and  will 
tain  profit 
^ed,  it  will 
engrossers 
ney.     The 
ea   of   the 
lately  sold 
n   of  this 
Id   refused 
[at  30  days 
is  bill  for 
Assembly 
je   at    six 
Laurens, 
'200,000 
of  those 
11  be  dis- 
heard  25 
je  will  be 
by  a  few 

the  mar- 


ket ;  Hyson  tea  at  ^100  per  pound,  Indian  corn  at  £,0^0 
ni;r  barrel,  and  Tobacco  at  ;^4o  odd  pounds  per  C^t.  ; 
us  to  Europeaii  merchandise,  it  is  impossible  to  ascertain 
its  value  or  price  ;  indeed  everything  is  rising,  so  that 
wheat  sells  to-day  at  ;^2o  for  instance,  may  sell  ten  days 
hence  for  ^40.  To  check  this  evil,  Congress  has  recom- 
mended to  the  several  States  a  general  regulation  of 
prices  on  all  articles,  domestic  and  foreign,  save  warlike 
stores  and  salt.  The  regulation,  according  to  the  recom- 
mendation, is  to  take  effect  the  first  of  next  February, 
and  the  standard  fixed  by  Congress  is  twenty  prices  on 
all  prices  in  1774.  If  wheat,  for  instance,  in  that  year 
sold  for  7/6  per  bushel,  it  may  be  sold  on  the  ist  of  next 
February  for  £1,  10,  o. 

Whether  the  several  Legislatures  will  adept  this  regu- 
lation I  know  not  ;  ours,  I  believe  will,  conditionally, 
that  is  if  other  States  should.  My  own  opinion  is,  that 
it  will  be  extremely  difficult  to  carry  such  a  regulation 
into  practice,  and  if  it  should  be  attempted,  I  fear,  will 
be  productive  of  more  evil  than  good.  Every  regulation 
of  price  is  an  acknowledgment  that  the  price  allowed  is 
not  equal  to  the  value  of  the  commodity  on  which  it  is 
fixed,  and  consequently  destructive  of  that  freedom  in 
dealing  which  is  the  life  and  soul  of  trade  ;  besides  the 
regulation  if  adopted  as  recommended  by  Congress,  will 
be  retrospective,  and  of  course  ruinous  to  a  great  num- 
ber of  people  who  have  purchased  country  produce  or 
merchandise  at  the  present  prices,  either  to  sell  again  or 
for  their  own  consumption.  What  you  have  read  may 
properly  be  called  a  Chapter  of  Lamentations  ;  now  for 
a  little  comfort. 

We  have  a  good,  though  not  a  numerous  army,  about 
20,000  fine  hardy  fellows,  as  tough  as  the  knots  of  an  old 
seasoned  oak,  well  disciplined,  well-armed,  and  pretty 


I  i 


\   ! 


I  1 


t  < 


'it 


I   > 


t'ii 


30  Charles  Carroll  of  Carrollton. 

well  clothed,  commanded  by  a  man  whom  they  rever- 
ence and  love.  This  army  is  strong  enough  to  repress 
the  enemy's  inroads,  but  not  to  force  them  in  their  strong- 
hold, New  York  ;  it  might  be  easily  reinforced  in  the 
spring,  if  we  had  good  money,  but  wanting  that  sinew  of 
war,  we  may  be  compared  to  a  vigorous  young  man, 
bound  hands  and  feet,  struggling  in  vain  to  get  loose. 
I  flattered  myself  some  months  ago  that  ten  or  twelve 
ships  of  the  line  from  France,  with  ten  thousand  land 
forces,  would  have  joined  this  fall  Count  d'  Estaing's 
fleet  off  New  York,  Had  such  an  expedition  taken 
place  there  is  the  greater  reason  to  believe  the  enemy's 
army  must  have  surrendered  prisoners  of  war ;  such  an 
event  must  have  put  an  end  to  it,  and  have  produced 
peace  of  which  we  stand  so  much  in  need.  If  this  win- 
ter should  not  bring  about  that  desirable  event,  cannot 
such  an  expedition  be  taken  early  next  summer  ?  Eng- 
land may  be  amused,  and  Ireland  threatened  with  an 
invasion  early  in  the  spring,  and  under  that  feint  15 
ships  of  the  line  with  a  suitable  number  of  frigates  and 
transports,  carrying  between  ten  and  twelve  thousand 
Troops  may  sail  the  latter  end  of  February  or  the  begin- 
ning of  March  from  Brest  or  Ferol.  When  these  troops 
in  conjunction  with  ours  have  reduced  the  British  forces 
at  New  York,  they  may  proceed  to  the  West  Indies  and 
take  the  remaining  British  Islands.  No  plan  of  opera- 
tions promises  fairer  success  ;  the  invasion  of  England 
or  Ireland  would  be  attended  with  incomparable  greater 
difficulties  and  peril.  If  an  impression  should  be  made 
on  either  of  those  Islands  the  rest  of  Europe  may  take 
the  alarm  ;  but  I  should  apprehend  the  independence  of 
these  States  cannot  give  umbrage  or  offence  to  any  other 
European  Power  besides  England.  If  such  an  expedi- 
tion as  I  propose  should  be  thought  of  seriously,  it  will 


Naval  Expedition  Suggested. 


31 


ey  rever- 
o  repress 
:ir  strong- 
ed  in  the 
t  sinew  of 
ung  man, 
get  loose, 
or  twelve 
sand  land 
'  Estaing's 
ion   taken 
,e  enemy's 
r ;  such  an 
produced 
f  this  win- 
ent,  cannot 
ler  ?     Eng- 
jd  with  an 
it  feint   15 
rigates  and 
thousand 
the  begin- 
lese  troops 
itish  forces 
Indies  and 
of  opera- 
)f  England 
ble  greater 
Id  be  made 
may  take 
pndence  of 
any  other 
an  expedi- 
sly,  it  will 


■<H 


M 


be  necessary  to  despatch  a  frigate  very  early  in  Febru- 
ary, or  sooner,  to  notify  General  Washing';':n  thereof  in 
time,  that  he  might  be  fully  prepared  to  act  immediately 
with  the  fleet  on  its  arrival  before  New  York  ;  the 
French  and  Spanish  squadrons  in  the  West  Indies  should 
be  ordered  to  meet  the  fleet  from  P^urope  off  New  York. 

I  hope,  my  dear  Sir,  you  will  excuse  the  freedom  I 
have  taken  in  mentioning  what,  in  my  opinion,  will  be 
the  most  likely  method  of  bringing  this  war  to  a  speedy 
issue  ;  be  persuaded  peace  is  of  the  utmost  importance 
to  us. 

I  am,  with  the  greatest  regard  and  respect,  Dear  Sir, 
Your  most  obedient,  humble  servant, 

Ch.  Carroll  of  Carrollton. 

P.  S. — The  crops  of  wheat  have  been  very  short,  and 
much  of  the  wheat  destroyed  by  the  fly  ;  a  good  deal  has 
been  exported  in  flour  to  the  French  Islands.  It  would 
therefore  be  proper  and  prudent  for  the  fleet  to  bring 
flour  enough  to  feed  the  land  and  sea  forces  till  next  har- 
vest comes  in.  \  battering  train  of  brass  ordnance  with 
all  its  apparatus,  and  six  thousand  stand  of  small  arms  to 
arm  our  militia  will  also  be  necessary  ;  the  arms  will  be 
returned  to  the  French  ("eneral  when  the  expedition  is 
over.' 

From  his  old  fr'end  Edmund  Jennings,  with  v  horn 
he  still  kept  up  c  correspondence,  Charles  Carroll 
received  an  interesting  letter  in  Septembci,  1780, 
introducing  Arthur  Lee  of  Virginia,  on  the  latter's 
return  from  Europe : 

My  Dear  Sir  : 

I  have  received  your  very  kind  favor  cf  the  iist  Sep- 
tember conveyed  to  me  by  Ui?  c-.re  of  my  friend  Mr. 
'  Sparks  iMSS:,  Harvurd  Co'iegi   l,il,niry. 


— ' '^-^^  '-"-nrj^  jia^ijgi 


■^IpwwWWiPffWiHWi 


1      '' 


!■■ 


f        ' 


:  i 


Ml  (  ' 


32  Charles  Carroll  of  Carrollton. 

Ridley,  but  that  which  you  inform  me  you  wrote  three 
weeks  before,  has  not  come  to  hand.  I  am  much  obliged 
to  you  for  the  attention  you  paid  to  those  Books  I  took 
the  liberty  of  sending  to  you  ;  but  my  dear  friend,  let 
me  beg  you  to  read  them  over  again,  and  I  trust  you  will 
then  feel  the  necessity  of  banishing  as  far  as  possible 
those  banes  of  public  and  private  virtue  Avarice  and 
Ambition.  This  is  the  object  of  all  that  the  Abb^  Mably 
has  said.  He  is  too  wise  a  man  to  think  it  possible,  or 
even  to  wish  to  introduce  the  particular  Institutions  of 
antient  States,  as  applicable  or  receivable,  in  the  system^ 
of  the  present  world.  But  although  he  would  not  ado^  ( 
the  Latter,  he  is  desirous  of  introducing  the  principles 
of  Legislators  who  succeeded  in  their  plans,  as  far  as 
the  wisdom  of  men  could  succeed  in  their's  or  at  any 
other  time.  Tell  me  not,  my  dear  friend,  that  if  his  only 
object  was  to  show  the  mischief  of  Avarice  and  Ambi- 
tion, that  he  has  taken  up  a  great  deal  of  time  to  prove 
what  everybody  has  been  long  convinced  of.  I  wish 
they  were  so,  but  I  have  Books  most  plausibly  written, 
and  general  Education  I  know,  serves  to  recommend  the 
one  and  justify  the  other.  They  teach  men,  and  the  in- 
struction has  been  but  too  well  attended  to,  to  pursue 
the  petty  Passions  cost  what  it  may  to  the  public  happi- 
ness, and  to  heap  up  riches,  the  luxurious  expenditure  of 
which  necessarily  corrupts  public  virtue.  If  I  should 
trace  the  present  unjust  system  of  Great  Britain,  I  should 
prove  that  these  vile  passions  are  at  the  bottom  of  it,  and 
perhaps  should  you  reflect,  and  I  know  you  do  it  with 
much  concern,  on  the  present  temper  of  our  Country, 
you  would  see  the  disorders  that  have  arisen,  greatly 
owing  to  their  predominancy. 

I  could  write  a  volume,  and  perhaps  shall  on  some 
future  opportunity  trouble  you  at  least  with  a  long  letter, 


y?i> 


Letter  of  Edmund  Jennings. 


35 


rote  three 
ch  obliged 
oks  I  took 
friend,  let 
St  you  will 
as  possible 
varice  and 
.bb6  Mably 
possible,  or 
ititutions  of 
the  systeir.^ 
d  not  ado^  t 
3  principles 
IS,  as  far  as 
's  or  at  any 
t  if  his  only 
and  Ambi- 
me  to  prove 
of.     I  wish 
bly  written, 
jmmend  the 
and  the  in- 
3,  to  pursue 
ublic  happi- 
penditure  of 
If  I  should 
in,  I  should 
im  of  it,  and 
do  it  with 
lur  Country, 
sen,  greatly 


to  explain  fully  my  ideas  on  this  matter.  But  I  must 
now  pursue  what  I  had  in  view  in  addressing  myself  to 
you  at  this  time.  It  was,  Sir,  to  recommend  to  your 
particular  confidence  and  friendship,  the  Honble  Arthur 
Lee  Esq.,  the  Gentleman  who  will  present  this  to  you,  of 
whose  knowledge  of  the  Affairs  and  attachment  to  the 
interests  of  our  Country,  you  are  well  convinced.  I 
know  not  anyone  who  can  give  you  better  information 
of  the  state  of  Europe  at  this  juncture,  and  who  will  do 
it  with  more  sincerity,  for  no  one  can  wish,  nor  has  en- 
deavored more  to  promote  the  public  happiness  and 
liberty.  I  should  have  ventured  to  have  entered  into  the 
detail  myself,  if  I  were  not  well  assured  he  is  able  and 
willing  to  give  you  the  utmost  insight  into  things  on  this 
side  the  water,  for  he  has  had  the  best  opportunities  of 
knowing,  and  has  the  best  abilities  to  judge  of  public 
transactions.  I  am  convinced  you  will  attend  to  him 
for  his  and  for  your  own  sake,  and  what  is  more,  I  will 
venture  to  say  to  you,  as  I  could  to  him,  for  the  sake  of 
our  Country. 

I  am,  dear  Sir,  most  faithfully  etc., 

[Edmund  Jennings]. 

.Sep    irber  28th,  1780.' 

'  Lee  Papers,  Harvard  College  Library. 

VOL.  II— 3 


ill  on  some 
long  letter, 


'».. 


*-.«*» 


.ill]l    Mmtm^fl/m^ 


t^,ji;.^a. iJLiJ 


CHAPTER  II. 


1780-1783. 


IN    THE    MARYLAND    SENATE. 


^«! 


w 


THE  second  session  of  the  Maryland  Assembly 
for  1779-80,  met  on  the  28th  of  March,  1780, 
and  Charles  Carroll  of  CarroUton  was  promptly  in 
his  seat.  On  the  31st  the  ballot  was  taken  for  the 
vacancies  to  be  filled  in  the  delegation  to  Congress, 
and  the  House  and  the  Senate  differed  on  a  question 
of  eligibility.  The  House  maintained  that  those 
gentlemen  who  had  been  balloted  out  at  the  last 
session  of  the  Assembly,  could  not  be  put  in  nomina- 
tion again,  as  had  been  done  by  the  Senate,  and 
upon  apprising  the  latter  body  of  their  vote  on  the 
subject,  the  Upper  House  responded  in  curt  and 
dignified  language  :  "  Gentlemen,  the  Resolves  or 
votes  of  your  House  cannot  be  admitted  as  any  rule 
for  the  proceeding  in  this.  We  are  of  opinion  that 
the  gentlemen  proposed  by  us  are  eligible  to  Con- 
gress by  our  Constitution." 

A  few  days  later  Charles  Carroll  was  placed  on  a 
committee,  with  Thomas  Stone  and  three  others,  to 
report  on  the  resolve  of  Congress  recommending  to 

34 


Bill  Drafted  by  Carroll. 


35 


Assembly 
[arch,  1780, 
promptly  in 
iken  for  the 

0  Congress, 

1  a  question 
that  those 
at  the  last 
in  nomina- 
enate,  and 

[vote  on  the 

n  curt  and 
esolves  or 
as  any  rule 
pinion  that 

lible  to  Con- 
placed  on  a 

|e  others,  to 
mending  to 


the  several  States  to  revise  their  laws  "  making  Con- 
tinental notes  a  legal  tender  in  discharge  of  debts 
and  contracts,  and  to  amend  the  same  in  such  manner 
as  they  shall  judge  most  conducive  to  justice  in  the 
present  state  of  paper  currency."  '  The  bill  for  re- 
cruiting the  quota  of  Maryland's  troops  in  the  Conti- 
nental army  was  sent  to  the  House  of  Delegates  by 
Charles  Carroll  of  Carrollton,  and  was  probably  drawn 
up  by  him.  The  House  returned  a  conciliatory 
message  to  the  Senate,  April  6th,  in  respect  to  their 
difference  of  opinion  on  the  subject  of  the  candidates 
to  Congress,  and  a  conference  was  agreed  upon. 
The  Senate  conferrees  appointed  were  Charles  Car- 
roll of  Carrollton,  Thomas  Stone  and  Brice  Thomas 
Beale  Worthington,  and  the  result  of  their  discussion 
with  the  conferrees  of  the  House  was  a  tribute  to 
their  powers  of  persuasion,  as  the  House  now  adopted 
the  Senate's  view. 

On  the  vexed  question  of  the  Confiscation  Bill, 
however,  there  was,  as  yet,  no  prospect  of  agreement. 
The  House  of  Delegates  sent  a  message  to  the  Sen- 
ate, April  1 2th,  in  regard  to  the  requisitions  of  Con- 
gress, saying  they  had  been  considered,  and  the 
Delegates  had  "  determined  to  exert  their  utmost 
endeavours  to  furnish  supplies  of  provisions  in 
kind,"  and  "  to  adopt  and  carry  into  execution  as 
far  as  possible,  the  advice  and  plan  of  Congress  rela- 
tive to  their  bills  of  credit."  These  two  subjects  the 
House  considered,  involved  the  greater  part  of  the 
material  business  of  the  session.  But,  they  urged, 
"our  affairs  are  brought  to  an  alarming  crisis,"  and 
■  Journal  of  the  Maryland  Senate. 


36 


Charles  Carroll  of  Carrollton. 


they  insisted  that  in  order  to  establish  funds  to 
afford  redemption  of  the  new  bills  of  credit,  they 
must  appropriate  to  the  State  the  property  of  the 
Tories  :  **  With  the  application  of  British  property," 
the  message  continues,  "  we  are  of  opinion,  this  State 
can  comply,  in  substance,  with  the  two  requisitio*^'3 
of  Congress,  and  without  the  aid  of  that  property  we 
really  fear  it  will  be  impracticable,  if  not  impossible. 
The  important  and  necessary  business  of  the  session 
therefore  waits  your  honours  decision  on  the  bill  for 


conf.:  ... 


-tion. 


»» I 


Charles  Carroll  carried  the  reply  of  the  Senate  to 
the  '''">ue. ,  Lulling  the  latter  that  the  thinness  of 
their  numbers  had  induced  them  to  postpone  the 
consideration  of  the  bill,  and  suggesting  that  it  be 
made  the  order  of  the  day  for  Friday,  the  14th. 
When  it  was  taken  up  at  the  date  specified,  the 
President  of  the  Senate,  Daniel  of  St.  Thomas 
Jenifer  as  having  held  the  ofifice  of  agent  to  the 
Proprietary  wished  to  be  excused  from  voting,  but 
his  request  was  denied.  So  also  Robert  Goldsbor- 
ough  who  owned  considerable  property  in  England, 
asked  the  same  privilege,  but  it  was  refused  him. 
The  opponents  of  the  bill  succeeded  in  preventing 
its  passage,  and  it  was  returned  to  the  House  the 
following  day.  Robert  Goldsborough,  Charles  Car- 
roll of  Carrollton  and  Thomas  Stone  were  appointed 
a  committee  at  this  time,  to  prepare  a  bill  entitled 
**  An  Act  for  the  security  of  this  State  and  the  sub- 
jects thereof,  and  for  other  purposes." 

A  long  message  was   received  from  the   House, 

'  Ibid. 


The  Two  Houses  Disagree. 


37 


1  funds  to 
edit,  they 
irty  of  the 
property," 
,  this  State 
equisitio'^'i 
roperty  we 
impossible, 
the  session 
the  bill  for 

2  Senate  to 
thinness  of 
Dstpone  the 
[  that  it  be 
',  the  14th. 
ecified,  the 
t.  Thomas 
ent  to  the 
voting,  but 

Goldsbor- 
n  England, 
fused  him. 
preventing 
House  the 
harles  Car- 
appointed 
ill  entitled 
Ind  the  sub- 

Ihe   House, 


♦ 


i 
I 


I 


'}• 


May  5th,  on  the  subject  of  the  Confiscation  Bill,  de- 
claring that  its  rejection  by  the  Senate  involved 
them  in  very  great  difficulties.  The  bill  for  bring- 
ing into  the  treasury  the  sum  of  twenty  million,  five 
hundred  and  forty  thousand  dollars,  and  sinking  the 
same,  was  sent  to  the  Senate,  read  by  them,  and  re- 
turned to  the  House,  with  a  message  obje:ting  to 
two  clauses,  as  unconstitutionally  connected  with 
the  bill.  That  same  day,  May  6th,  the  bill  came 
back  to  the  Senate,  with  some  caustic  words  from 
the  affronted  gentlemen  with  whom  it  had  originated, 
to  the  effect  that  their  "  honours  "  message,  in  the 
House's  opinion  was  "  irregular."  It  was  "  contrary 
to  the  practise  of  either  House  to  return  a  bill  on 
the  first  reading,"  they  stated,  "  and  repugnant  to  the 
twenty-second  Article  of  our  form  of  government, 
which  declares  that  the  Senate  can  only  give  their  as- 
sent or  dissent  to  money  bills."  They  furthermore 
considered  the  two  clauses  objected  to  as  "  pertinent 
and  necessarily  connected  "  with  the  bill.  The  follow- 
ing day  the  bill  in  dispute  was  carried  again  to  the 
House,  the  Senate  declaring  that  the  eleventh  article 
of  the  Constitution  was  rendered  nugatory  if  these 
clauses  were  attached  to  it.     They  say  : 

"  If  the  bill  was  nothing  more  than  a  money  bill,  we 
should  be  obliged  to  assent  or  dissent  to  the  whole  by 
the  22nd  Article,  and  could  not  propose  amendments  ; 
but  certainly  when  matters  are  grafted  on  such  a  bill 
which  can  stand  independent  of  it,  we  have  a  right  to 
desire  that  such  matters  may  be  separated,  and  that 
without  giving  the  bill  a  negative."  ' 

'  Ibid. 


38 


Charles  Carroll  of  Currollton. 


\\- 


'         I; 


The  House  still  determined  to  carry  their  point, 
sent  back  the  bill  the  next  morning,  and  two  days 
later,  on  the  loth,  the  Senate  "  unanimously  re- 
jected "  it,  returning  it  with  a  long  message  setting 
forth  the  reasons  for  their  action.  A  conference 
was  then  proposed,  the  Senate  appointing  for  this 
purpose  Charles  Carroll  of  CarroUton,  Matthew 
Tilghman,  Thomas  Stone  and  Brice  T.  B.  Worth- 
ington.  The  joint  committee  met  on  the  12th,  and 
conferred  on  the  matters  involved,  the  tender  law 
and  the  project  of  making  new  Continental  bills 
legal  tender,  reporting  the  propositions  agreed  upon. 
Five  pages  of  the  Senate's  printed  journal  is  filled 
up  with  their  message  to  the  House  on  the  Confis- 
cation Bill,  the  composition,  as  were  all  the  Senate's 
messages  on  this  point,  of  Charles  Carroll  of  Carroll- 
ton  and  Thomas  Stone.  And  a  bill  from  the  House 
for  sinking  Maryland's  quota  of  the  bills  of  credit 
emitted  by  Congrer.s,  was  unanimously  rejected  by 
the  Senate,  and  returned  with  a  long  message, 
probably  written  by  Charles  Carroll.  The  Senate 
bill,  "  Act  to  prevent  suits  being  brought  or  con- 
tinued by  any  person  or  persons  residing  in  the 
British  dominions,"  was  in  its  turn  rejected  by  the 
House.  They  replied  at  the  same  time  to  the  Sen- 
ate's "long  message  of  the  14th,"  and  expressed 
themselves  "  deeply  affected  "  by  the  Senate's  nega- 
tive to  their  bill  for  sinking  the  quota  of  the  State. 
"  We  return  with  anxiety  to  our  homes,"  they  add. 
The  Senate  rejoined  with  a  farewell  message,  and 
thus  at  odds,  the  two  branches  of  the  Assembly 
adjourned,  to  meet  again  early  in  June.' 


Joijit  Conw  lit  tees  Confer. 


39 


leir  point, 
two  days 
nously  re- 
gc  setting 
:onference 
g  for  this 
Matthew 
B.  Worth- 
I2th,  and 
ender  law 
ental   bills 
reed  upon, 
al  is  filled 
the  Confis- 
le  Senate's 
of  CarroU- 
the  House 
5  of  credit 
jected  by 
message, 
he  Senate 
ht  or  con- 
in  the 
ed  by  the 
the  Sen- 
expressed 
te's  nega- 
the  State, 
add. 
and 


Ithey 
Isage, 


Lssembly 


At  the  extra  session  in  June,  resolutions  were 
passed  by  the  Assembly  asking  of  Congress  arms 
for  the  State,  four  brass  pieces,  also  a  Continental 
frigate  to  be  stationed  where  it  could  protect  the 
trade  of  Maryland  and  Virginia  through  the  capes 
of  Chesapeake  Bay.  An  act  was  passed  also,  au- 
tliorizing  the  commissioners  who  were  to  obtain  a 
supply  of  flour  and  other  provisions  for  the  army, 
to  hire  or  impress  vessels  or  carriages  for  these  pur- 
poses. Letters  from  the  Commander-in-Chief  and 
committee  of  co-operation  were  transmitted  by  the 
Governor  to  the  Assembly,  and  a  conference  took 
place  between  the  two  Houses  on  the  subject  of 
tlicse  communications.  The  conferrees  appointed  by 
the  Senate  were  Matthew  Tilghman,  Charles  Carroll 
of  CarroUton,  Thomas  Stone,  Brice  T.  B.  Worthing- 
ton  and  William  Hemsley. 

An  act  was  passed  on  the  20th,  for  the  speedy 
enrolment  of  the  militia ;  and  a  memorial  was  read 
the  next  day  from  the  merchants  of  Baltimore,  pray- 
ing that  no  duties  should  be  laid  on  articles  of  trade. 
On  the  26th,  the  "  Act  for  sinking  the  quota  re- 
quired by  Congress  of  this  State  of  the  bills  of  credit 
emitted  by  Congress,"  was  passed,  eight  Senators 
voting  in  the  affirmative  and  but  one  in  the  nega- 
tive, nine  being  the  v/hole  number  present.  This 
single  negative  vote  was  given  by  Charles  Carroll  of 
CarroUton,  the  only  Senator  who  remained  firm  to 
the  convictions  expressed  by  the  majority  at  the 
previous  session.  Charles  Carroll  of  CarroUton 
brought  in,  July  ist,  an  act  laying  a  general  embargo, 
prohibiting  for  a  limited  period,  the  exportation  of 
wheat,  flour  and  other  articles. 


I; 


1  ' 

Si'. 


.« 


iii 


,1 

, 

i 

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< 

til 

1 

1 

i! 


n)\ 


40 


Charles  Carroll  of  Carrollton. 


The  House  of  Delegates  at  this  time  sent  up  a 
bill  for  recruiting  the  State  battalions,  to  which  the 
Senate  added  a  page  and  more  of  amendments. 
And  it  was  proposed  in  a  message  from  the  House 
that  an  adjournment  should  take  place  the  next 
day,  July  3d,  as  "  the  approach  of  harvest  "  made  it 
necessary  they  should  return  to  their  homes.  A 
compromise  was  finally  reached  on  the  recruiting 
bill,  July  4th.  On  the  following  day,  Charles  Car- 
roll carried  a  message  from  the  Senate  to  the  House, 
giving  it  as  their  opinion  that  an  address  by  the 
Assembly  "  to  our  fellow  citizens  will  in  the  present 
state  of  affairs  have  a  good  effect."  And  the  bill 
was  passed  for  raising  an  additional  battalion  of 
regulars.  The  patriotic  address  to  the  inhabitants 
of  Maryland  was  prepared  in  the  Senate  by  Charles 
Carroll  and  others,  and  sent  to  the  House  by  Mr. 
Worthington.  It  was  resolved  that  fifty  copies  be 
printed  for  each  county  and  forwarded  "  to  the  re- 
spective lieutenants,"  and  that  it  be  published  for 
two  successive  weeks  in  the  Annapolis  and  Balti- 
more gazettes.'  With  the  proclamation  of  this 
manifesto  the  Assembly  adjourned.  The  "  Address 
to  the  People  of  Maryland  "  closed  with  these  elo- 
quent and  stirring  words : 

"  The  prize  we  are  contending  for  is  inestimable  ;  the 
blood  of  those  heroes  which  has  been  shed  in  this  just  and 
glorious  cause,  the  inviolable  ties  of  plighted  faith,  the 
necessity  of  conquering,  gratitude  to  our  illustrious  Gen- 
eral, and  to  the  brave  men  under  his  command,  all  con- 
spiring, call  aloud  for  our  redoubled  efforts     .... 

'  Ibid. 


Patriotic  Address  Issued, 


41 


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The  fall  of  Charleston,  and  the  distress  of  our  brave  friends 
in  that  quarter,  have  infused  fresh  vigour  into  the  coun- 
cils of  America  ;  let  us,  like  the  Romans  of  old,  draw  new 
resources  and  an  increase  of  courage  even  from  defeats, 
and  manifest  to  the  world,  that  we  are  then  most  to  be 
dreaded  when  most  depressed."  ' 

When  the  day  came  for  the  meeting  of  the  new 
Assembly,  October  17,   1780,  the  only  members  of 
the  Senate  present   were   the   two    friends  Charles 
Carroll  of  Carrollton  and  Thomas  Stone.     By  No- 
vember 2d    eight  Senators   had    collected,    making 
a  quorum,  and  the  session  opened.     Since  the  meet- 
ing of  the  Assembly  in  June  the  alliance  with  France 
had  been  consummated,  and  the  Maryland  legislators 
showed  their  appreciation  of  the  brighter  aspect  of 
public   affairs,  by   their  resolve  that  the   Governor 
be  asked  to  appoint  a  day  of  thanksgiving  and  prayer. 
Thomas  Sim    Lee  was  elected  Governor  of  Mary- 
land  a  second    time,  and    Matthew  Tilghman  and 
Charles  Carroll  of  Carrollton  were  appointed  by  the 
Senate  a  committee  to  request  the  attendance  of  the 
House  to  see  the  Governor  qualified.     Charles  Carroll 
had  leave  of  absence  granted  him  on  the  15th,  and 
he  seems  to  have  been  away  from  the  Assembly  for 
twelve  days,  his  name  first  appearing  again  in  t!.e 
Senate    journal,    November   27th.     In    the    incan- 
time,  on  the  17th,  the  election  of  members  of  Con- 
gress had  taken  place  and  Charles  Carroll  had  been 
one  of  the  delegates  appointed. 

A  committee  was  named  on  the  29th  of  Novem- 
ber, to  prepare,  in  conjunction  with  a  House  com- 

'  Maryland  y^otirMa/  and  Baltimore  Advertiser,  July  11,  1780. 


■  'I 


.'«6t'ifeai^«w  JikiaiiiiiVKimtMftaiMt^^ 


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42 


Charles  Carroll  of  Carrolllo7i, 


mittee,  a  draft  of  instructions  to  the  Maryland 
delegates  in  Congress  on  the  subject  of  Confederation. 
The  three  Senators  chosen  were  Matthew  Tilgliniar 
Charles  Carroll  of  CarroUton,  and  Thomas  Stone 
The  Confiscation  Act  came  up  again  December  5th, 
but  the  motion  to  give  the  bill  a  second  reading  at 
that  time  was  quickly  negatived,  only  two  members 
voting  for  it.  A  petition  from  the  trustees  of  the  poor 
in  Frederick  County,  on  the  subject  of  the  prisoners 
quartered  there,  was  referred  to  a  joint  committee 
of  both  Houses,  the  conferrees  from  the  Senate  being 
the  same  three  members  named  above,  with  one 
other  in  addition.  They  reported  that  Frederick 
Town  in  PVederick  County  was  the  only  place  ir 
the  State  where  the  convention  troops  could  1 
accommodated,  and  they  proposed  that  applicatiow 
be  made  to  Virginia  to  supply  fresh  provisions  for 
them. 

An  important  joint  committee,  of  which  the  Sen- 
ate members  were  Matthew  Tilghman,  Charles  Car- 
roll of  CarroUton,  and  Thomas  Stone,  was  appointed 
about  this  time,  to  write  a  letter  to  the  Assemblies 
of  Pennsylvania,  Delaware,  and  Virginia,  to  secure 
concerted  action  on  the  two  subjects  of  the  embargo 
on  provisions  and  the  "  calling  in  the  Continental 
and  State  emissions."  '  On  the  20th  of  December, 
the  Senate  sent  to  the  House  a  message  on  the 
subject  of  the  Confiscation  Act,  saying  that  the 
consideration  of  it  had  been  interrupted  by  other 
important  business,  and  they  were  now  anxious  to 
settle  the  matter,  and  therefore  proposed  a  joint  con- 

'  Journal  of  the  Maryland  Senate. 


f;l  vitj 


Stock  in  the  Bank  of  England, 


M 


the  Sen- 
rlcs  Car- 
jpointed 
semblies 
o  secure 
mbargo 
tinental 
cember, 
on  the 
Ithat  the 
y  other 
xious  to 
oint  con- 


ference, nominating  as  the  Senate  conferrecs,  Mat- 
thew Tilghman,  Cliarles  Carroll  of  Carrollton,  lirice 
T.  V>.  Worthington,  and  John  Henry.  Thomas  John- 
son and  Samuel  Chase  were  among  the  seven  con- 
ferrees  selected  by  the  House  of  Delegates. 

Christmas  Day,  which  fell  on  Monday  in  1780, 
the  Senate  met,  but  nothing  was  done.  Charles 
Carroll  had  leave  of  absence  for  the  week,  and  most 
of  the  members  were  apparently  observing  the 
holidays,  for  it  was  not  until  Saturday,  the  30th,  that 
any  business  was  transacted.  A  letter  from  Benja- 
min Franklin  had  been  communic.itod  by  the  Gov- 
ernor, enclosing  the  protest  on  the  bills  drawn  by 
the  State  on  the  liank  of  England,  with  the  opinion 
of  counsel  on  the  subject.  Maryland  had,  some 
years  before  the  Revolution,  invested  twenty-seven 
thousand  pounds  in  stock  of  the  Bank  of  England, 
and  it  was  the  action  of  the  trustees  of  the  bank 
in  uniformly  protesting  the  bills  of  credit  drawn 
upon  it  by  the  Maryland  Legislature,  for  the 
dividends  accruing  since  the  commencement  of 
hostilities,  that  was  one  of  the  reasons  urged  for 
the  confiscation  of  British  property  in  Maryland. 

No  doubt  this  stand  taken  by  the  Bank  of  Eng- 
land had  its  efTect  at  this  time  in  weakening  Charles 
Carroll's  opposition  to  the  Confiscation  Act.  He 
sent  in  a  letter  to  the  Senate  on  the  3d  of  January, 
resigning  the  seat  in  Congress  to  which  he  had  been 
newly  elected.  While  doubtless  appreciating  the 
compliment,  Charles  Carroll  had  fully  decided  not 
to  return  to  Congress.  Acts  were  passed  by  the 
Senate  for  emitting  bills  of  credit,  to  raise  supplies 


!  I 


I 

'1 
I 


I 


44 


Charles  Carroll  of  Carrollton. 


!'    f 


r.l- 


i^l. 


ff     (• 


\ 


!« 


I     , 

J:'  I 


for  the  year,  and  for  the  defence  of  the  Bay.  The 
bill  prohibiting  the  export  of  grain  continued  the 
embargo  until  the  foU-  ving  August.  The  "  Act 
to  empower  the  deleg:  es  of  Maryland  in  Congress 
to  subscribe  and  rc.ity  the  Articles  of  Confedera- 
tion," was  read  on  the  28th  of  January  and  put  to 
the  vote,  but  was  defeated.  Among  those  who 
voted  for  it  were  Charles  Carroll  of  Carrollton, 
John  Henry,  and  Thomas  Stone. 

On  the  following  day,  the  Confiscation  Act  passed 
to  its  second  reading,  and  a  vote  was  taken,  and 
decided  in  the  affirmative,  on  the  clause  that  debts 
due  to  Osgood  Hanbury  and  Sylvanus  Grove,  to 
the  amount  of  two-thirds  of  the  bank  stock  belong- 
ing to  Maryland,  be  taken  and  confiscated,  and 
applied  to  satisfy  debts  due  from  them,  and  debts 
due  from  James  Russell.  The  single  vote  against 
the  measure  was  that  of  Col.  Richard  Barnes  of 
"  Tudor  Hall,"  St.  Mary's  County.  A  message  was 
received  from  the  House  expressing  their  "  earnest 
desire "  that  Maryland  "  should  confederate,"  and 
objecting  that  the  Senate  had  given  no  reasons  for 
declining  to  pass  the  act  empowering  the  State  to 
ratify  the  Articles  of  Confederation.  The  Senate 
reconsidered  this  bill  and  passed  it  on  the  30th,  and 
it  was  carried  to  the  House  by  Charles  Carroll  of 
Carrollton  with  a  message  referring  to  the  reasons 
which  had  influenced  the  State  in  delaying  the 
ratification  for  so  long  a  period.  The  motive  ap- 
pears in  the  following  paragraph :  "  It  has  been 
generally  supposed,  and  in  our  opinion  upon  good 
grounds,  that  the  claim  of  this  Stato  [?]  to  a  pro- 


t!' 


<■'  I 


The  Confiscation  Act. 


45 


r.  The 
ued  the 
e  "Act 
:ongress 
nfedera- 
d  put  to 
)se  who 
.rrollton, 

:t  passed 
ken,  and 
lat  debts 
irove,  to 
k  belong- 
ited,  and 
ind  debts 
e  against 
Barnes  of 
ssage  was 
earnest 
ate,"  and 
asons  for 
State  to 
e  Senate 
30th,  and 
arroll  of 
e  reasons 
ying  the 
otive  ap- 
Ihas   been 
ipon  good 
to  a  pro- 


m 


:'  m 


portionate  part  of  the  western  country  can  be  better 
supported  under  the  present  form  of  union,  than 
that  of  the  Confederation."  ' 

In  regard  to  the  Confiscation  Act,  the  House  and 
Senate  were  still  not  in  harmony,  and  amendments 
made  by  the  Senate  did  not  receive  the  entire 
approval  of  the  House.  The  Senate  stood  out  for 
their  views,  agreeing  only  to  waive  the  amendment 
respecting  debts  due  to  Messrs.  Hanbury  and  Grove. 
The  House  returned  the  bill  to  the  Senate,  hoping 
that  a  future  session  would  effect  an  agreement  on 
the  points  of  difference,  and  the  Senate,  adopting 
some  of  the  clauses  proposed  by  the  House,  "  agree 
to  refer  the  consideration  of  indemnification  of 
sufferers  to  a  future  session,"  when  they  trusted  that 
"  the  present  subjects  of  dispute  may  be  settled  to 
the  general  satisfaction."  Charles  Carroll  of  Car- 
rr'lton  carried  the  bill  and  the  accompanying  mes- 
sage to  the  House  of  Delegates.  In  case  the  State 
should  be  invaded,  as  seemed  probable,  at  this  time, 
it  was  provided  that  the  Governor  should  appoint 
a  place  for  the  next  meeting  of  the  Assembly.  The 
"  Instructions "  to  the  Maryland  delegates  in 
Congress  were  sent  from  the  House  to  the  Senate, 
the  2d  of  February.  They  declare  the  motives 
inducing  Maryland  to  accede  to  the  Confederation. 
One  of  these  was  "  the  want  of  a  permanent  indis- 
soluble union,"  yet  the  one  they  were  now  enter- 
ing was  to  demonstrate  a  few  years  later  the  fallacy 
and  unreasonableness  of  such  expectations.  Mary- 
land here  reiterated  her  **  objection  "  to  the  '*  exclus- 

'  Hid, 


>-'^'>AtjMJ.,A«>aUVii.'4M«iUli<aJJ«*'N««(«i^wMv»>«:  -i 


'^"m  T^^ 


U 


m-^ 


u 


ii 


46 


Charles  Carroll  of  Carrollton. 


ive  claim  of  some  of  the  States  to  the  western 
territory  as  unjust,  and  injurious  to  the  general 
welfare,"  and  she  expressed  her  willingness — a  grave 
mistake — to  give  up  to  Spain  the  **  exclusive  navi- 
gation of  the  Mississippi."  ' 

The  second  session  of  the  Assembly  of  17^^  1781 
was  to  have  met  the  loth  of  May,  but  Chai.js  Car- 
roll  of  Carrollton  and  three  other  gentlemen  were 
the  only  members  of  the  Senate  present  on  that  day, 
and  a  quorum  was  not  obtained  until  the  29th.  Let- 
ters were  then  read  from  Lafayette,  and  from  the 
President  of  Congress.  Lord  Cornwallis  was  in  Vir- 
ginia, and  Lafayette  was  following  him  up  at  this 
time.  The  Maryland  Assembly  was  busying  itself 
to  supply  clothes  for  the  Southern  army,  and  the 
delegates  in  Congress  were  instructed  to  apply  for 
five  hundred  stand  of  arms  for  the  Continental 
troops  raised  in  Maryland. 

A  conference  took  place  between  a  committee  se- 
lected from  each  House,  on  the  subject  of  the  sus- 
pected persons  confined  in  prison  since  the  last 
meeting  of  the  Assembly,  a  list  of  whom  had  been 
sent  them  by  the  Governor.  The  Senate  conferrees 
were  Charles  Carroll,  barrister,  Charles  Carroll  of 
Carrollton,  Thomas  Stone,  and  John  Henry.  Mat- 
thew Tilghman  was  added  later.  A  plan  proposed 
by  the  House  for  the  **  establishment  of  a  new  paper 
currency,"  the  emitting  two  thousand  pounds  in  bills 
of  credit,  etc.,  in  which  there  was  to  be  a  form  of 
subscription  and  a  form  of  association,  as  given  be- 
low, was  not  altogether  approved  of  by  the  Senate : 

'  Ibid. 


The  Confiscation  Act  Amended.  47 


"  We  promise  to  become  subscribers  of  the  sums 
affixed  to  our  names,  on  the  scheme  for  an  emission 
etc.,"  and  "  we  engage  on  our  honor  to  receive  at 
par,  from  subscribers  or  associators,  the  bills  of 
credit  of  the  new  proposed  emission,  rating  silver 
dollars  at  seven  shillings  and  sixpence,  etc."  The 
Senate  dissented  to  the  "  Association "  proposed, 
and  the  House  agreed  to  separate  the  form  of  asso- 
ciation from  that  of  the  subscription. 

The  bill  as  amended,  "  Act  for  the  emission  of 
bills  of  credit,  not  exceeding  two  hundred  thousand 
pounds,  on  the  security  of  double  the  value  in  lands 
to  defray  the  expenses  of  the  present  campaign," 
was  passed  June  23d  and  sent  to  the  House  by 
Charles  Carroll  of  Carrollton.  Other  bills  going  into 
effect  at  this  time  were,  one  for  raising  two  bat- 
talions of  militia,  and  one  to  encourage  the  destroy- 
ing of  wolves,  these  beasts  of  prey  still  infesting  the 
more  unsettled  portions  of  the  State.  Charles  Car- 
roll of  Carrollton  probably  drew  up  the  bills  passed 
June  26th,  the  day  before  the  Assembly  adjourned, 
for  abrogating  and  abolishing  the  forty-fifth  Article 
of  the  Constitution,  and  abolishing  part  of  the  thirty- 
seventh  Article,  as  he  brought  them  in,  and  was  ap- 
pointed to  carry  them  to  the  House  of  Delegates.' 
The  forty-fifth  Article  provided  "  that  no  field  ofifi- 
cer  of  the  militia  shall  be  eligible  as  a  Senator,  Dele- 
gate or  member  of  the  Council,"  and  the  closing 
paragraph  of  the  thirty-seventh  Article  contained  a 
similar  restriction. 

According  to   his   usual  punctual  habits,  Charles 

'  Ibid, 


\ 


f. 


*.  ^Z" 


■:^»v^ 


II 


I    ! 


48 


Charles  Carroll  of  Carrollton. 


I     ii:^ 


V! 


|!J, 


•'  ; 


! 

.  ) 
/ 
I 


:i 


'(  . 


:i|.t 


Carroll  was  in  his  seat  in  the  Senate,  Monday,  No- 
vember 5th,  1 78 1,  the  day  appointed  for  the  Assem- 
bly to  meet.  But  it  was  not  until  the  17th  that 
there  were  a  sufficient  number  of  Senators  present 
to  organize  for  the  session.  General  Washington 
was  expected  in  Annapolis  at  this  time,  and  the  As- 
sembly wished  to  present  him  with  a  vote  of  thanks 
for  the  recent  victory  at  Yorktown.  A  joint  com- 
mittee was  appointed  to  prepare  the  resolutions,  and 
the  members  selected  from  the  Senate  were  Mat- 
thew Tilghman,  Thomas  Stone,  and  Charles  Carroll 
of  Carrollton,  the  trio  of  this  body's  best  writers. 
Charles  Carroll,  barrister,  of  the  Senate,  and  Gen. 
John  Cadwalader  and  Col.  William  Fitzhugh  of  the 
House  of  Delegates,  were  appointed  by  the  Assem- 
bly to  present  the  vote  of  thanks.  And  Barrister 
Carroll  brought  back  to  the  Senate  Washington's 
address  in  reply. 

Charles  Carroll  of  Carrollton  had  leave  of  absence, 
as  the  journal  records,  from  Thursday  the  13th  of 
December  until  the  following  Monday,  but  he  was 
promptly  in  his  place  again  on  the  17th.  Little  was 
done  in  the  Senate,  however,  from  this  time  until 
after  the  Christmas  holidays.  On  the  31st,  the 
"  Act  to  prevent  the  exportation  of  bread  and  flour 
not  merchantable,  and  for  other  purposes,"  was 
passed,  and  sent  to  the  House  by  Charles  Carroll  of 
Carrollton,  who  also  carried  sundry  letters  from  Rob- 
ert Morris  tiie  superintendent  of  finance.  The  sup- 
ply bill  and  other  acts  were  signed  by  the  Governor 
on  the  8th  of  January  ;  and  on  the  1 8th  a  conference 
was  proposed  to  settle  the  question  of  certain  amend- 


The  Recruiting  Bill. 


49 


ay,  No- 
Assem- 
th  that 
present 
hington 
the  As- 

thanks 
nt  com- 
ons,  and 
;re  Mat- 
5  Carroll 

writers, 
nd  Gen. 
rh  of  the 
;  Assem- 
Barrister 
tiington's 

absence, 
13th  of 
X  he  was 
,ittle  was 
,me  until 
1st,   the 
land  flour 
fes,"    was 
larroU  of 
om  Rob- 
The  sup- 
overnor 
inference 
In  amend- 


ments to  the  bill  for  appropriating  lands  for  the  use 
of  the  Maryland  officers  and  soldiers,  and  for  the 
sale  of  vacant  lands.  The  Senate  conferrees  were 
Thomas  Stone,  Charles  Carroll  of  Carrollton,  and 
John  Smith,  and  Charles  Carroll  brought  in  their 
report  to  the  Senate  the  next  day. 

Thomas  Stone,  Charles  Carroll  of  Carrollton,  and 
James  McHenry  were  appointed,  on  the  2 1st,  con- 
ferrees to  meet  a  committee  of  the  House,  on  the 
subject  of  the  bill  for  appointing  an  intendant  of  the 
revenue.  The  act  to  raise  recruits  was  passed  on 
the  22d  of  January,  and  sent  to  the  House  of  Dele- 
gates by  Charles  Carroll  of  CaroUton,  the  Assembly 
adjourning  on  this  day.'  A  motion  was  made  on  the 
second  reading  of  the  recruiting  bill  that  the  clause 
applying  the  property  of  Lloyd  Dulany,  in  part  for 
that  purpose,  be  struck  out,  but  it  was  defeated, 
Charles  Carroll  of  Carrollton  voting  with  the  ma- 
jority. The  friends  of  the  old  student  days,  who 
had  drunk  together  from  the  silver  punch  bowl  asso- 
ciated with  the  Peggy  Stewart  in  1774,  were  now 
widely  asunder,  the  Dulanys  having  most  of  them 
taken  the  Tory  side  during  the  Revolution. 

At  the  spring  session  of  the  Assembly,  in  1782, 
Charles  Carroll  of  Carrollton  was  present  on  April 
25th,  the  day  appointed,  but  there  was  only  one 
other  Senator  equally  punctual.  This  was  Edward 
Lloyd  of  "  Wye  House  "  in  Talbot  County.  These 
gentlemen  were  joined  by  George  Plater  of  "  Sot- 
terly  "  and  Col.  Richard  Barnes,  both  of  St.  Mary's 
County,  on  the  1st  of  May,  but  it  was  not  until  the 

'Journal  of  the  Maryland  Senate. 


h 


VOL.  II— 4 


i'^ 


'—•ssmnjt^' 


,1 


\  ! 


Wi 


I  :\ 


¥ 


50 


Charles  Carroll  of  Carrollton. 


lOth  that  the  Senate  was  organized.  A  message 
was  sent  to  them  from  the  House  of  Delegates  on 
the  13th,  regarding  the  measures  to  be  adopted  to 
defend  such  of  the  inhabitants  as  were  exposed  to 
plundei'  by  the  enemy's  barges,  the  negotiations  re- 
specting the  land  ofifice  and  the  sale  of  vacant  lands, 
with  other  matters,  and  a  joint  conference  was  pro- 
posed to  settle  these  subjects.  Five  conferrees  were 
appointed  by  the  Senate,  Thomas  Stone,  Robert 
Goldsborough,  Charles  Carroll  of  Carrollton,  John 
Henry,  and  Richard  Barnes. 

It  was  at  this  time  that  Sir  Guy  Carleton  was 
commissioned  to  endeavor  to  conclude  a  peace,  or  a 
truce,  with  the  United  States,  independently  of 
France,  but  the  dignity  of  the  newly  erected  sov- 
ereignties was  insulted  by  the  appellation  applied  to 
them  of  "  revolted  colonies."  And  they  rightly 
scorned  the  invitation  to  desert  their  French  allies. 
The  House  of  Delegates  sent  to  the  Senate  the  fol- 
lowing spirited  Resolutions  on  the  subject,  which 
received  the  ready  assent  of  that  body,  and  went 
forth  to  the  world  as  the  declaration  of  the  Maryland 
Assembly. 

**^^j-(?/z'(?^  unanimously,  that  it  is  the  opinion  of  this 
House  that  peace  with  Great  Britain  and  all  the  world,  is 
an  object  truly  desirable,  but  that  war  with  all  its  calami- 
ties is  to  be  preferred  to  national  dishonor,  and  that  it  is 
the  sentiment  of  this  House,  that  any  negotiation  for 
peace  or  truce  not  agreeable  to  the  alliance  with  France, 
is  inadmissible,  that  every  danger  ought  to  be  encoun- 
tered, every  event  hazarded,  rather  than  sully  our  national 
character,  or  violate  in  the  least  degree  our  connection 


Maryland's  spirited  Resolves.  51 


message 
Sfates  on 
opted  to 
3osed  to 
itions  re- 
mt  lands, 
was  pro- 
rees  were 
I,  Robert 
on,  John 

eton  was 
eace,  or  a 
dently   of 
jcted  sov- 
applied  to 
;y   rightly 
nch  allies, 
te  the  fol- 
ct,  which 
and  went 
Maryland 

lion  of  this 
lie  world,  is 

its  calami- 
id  that  it  is 
>tiation  for 
|ith  France, 

le  encoun- 
lur  national 

connection 


with  our  great  and  good  ally,  and  that  good  faith,  grati- 
tude and  safety  forbid  any  treaty  for  peace  or  truce  with 
Great  Britain,  but  in  conjunction  with  France  or  with 
her  consent  first  obtained. 

Resolved  unanimously,  that  this  House  will  exert  the 
power  of  the  State  to  enable  Congress  to  prosecute  the 
war  until  Great  Britain  renounce  all  claim  of  sovereignty 
over  the  United  States  or  any  part  thereof,  and  until 
their  Independance  be  formally  or  tacitly  assured  by  a 
treaty  with  Great  Britain,  France  and  the  United  States 
which  shall  terminate  the  war."  ' 

The  report  of  the  joint  committee  appointed  May 
13th,  was  made  the  basis  of  a  bill  for  the  protection 
of  the  Bay  trade.  It  was  proposed  to  equip  four 
barges  and  one  galley,  and  the  ^2000  needed  for  this 
purpose  was  to  be  obtained  from  the  sale  of  confis- 
cated British  property.  A  letter  was  to  be  written 
to  the  commander  of  the  French  marine  at  York- 
town,  asking  for  a  galley,  or  other  vessel,  to  co-operate 
with  the  barges.  Concerted  action  with  Virginia  was 
considered  highly  desirable,  and  "  a  gentleman  of 
character  and  knowledge  "  was  to  be  sent  from  the 
Maryland  Assembly  to  confer  with  the  Assembly  and 
Executive  of  the  Old  Dominion.  Each  of  the  four 
barges  was  to  have  two  pieces  of  cannon.  And  in 
conjunction  with  Virginia  and  with  the  ^ud  of  the 
French,  a  magazine  was  to  be  established  at  York- 
town  and  a  hospital  erected  for  the  sick  and  wounded. 
In  their  letter  to  the  French  commander  the  Assem- 
bly say  : 


i  i 

I 

I  'I 


I 


\ 


1         i 


I. 


i  I 


52 


Charles  Carroll  of  Carrollton. 


"  The  protection  and  security  which  this  enterprise  will 
give  to  a  very  great  number  of  our  inhabitants  who  are  kept 
in  perpetual  alarms  and  apprehensions,  not  only  for  the 
safety  of  their  property,  but  of  their  persons  (!  eing  liable 
to  be  seized  at  all  hours  of  the  night  and  carried  off  into 
captivity  or  barbarously  murdered)  will  we  are  satisfied 
be  a  sufficient  inducement  with  you  to  afford  us  all  the 
assistance  in  your  power  to  accomplish  the  destruction  of 
these  free  Booters,  for  they  scarcely  deserve  the  dignified 
appellation  of  enemy.'" 

Robert  Hanson  Harrison  was  appointed  the  Com- 
missioner to  Virginia,  with  instructions  from  the 
Assembly,  expressing  the  earnest  desire  of  Maryland 
to  preserve  and  improve  a  strict  union  between  the 
two  governments  founded  on  their  "  mutual  interest 
and  affection."  It  was  to  be  represented  and  urged 
that  the  public  councils  of  the  two  States  ought  to 
harmonize,  "  and  that  a  frequent  communication  of 
sentiments  and  reciprocation  of  good  offices  would 
greatly  tend  to  cement  the  friendship  which  ought  to 
be  inviolably  preserved  between  the  tv/o  Republics 
and  their  citizens."  The  Commissioner  was  to  re- 
quest the  Legislature  of  the  sister  State  to  direct 
their  laws  to  be  transmitted  from  time  to  time  to  the 
Maryland  Executive,  and  to  inform  Virginia  that  the 
acts  of  Maryland  would  be  duly  communicated  to 
her. 

Charles  Carroll  of  Carrollton's  name  appears  last 
in  the  journal  of  this  session  on  the  afternoon  of 
May  22d.     The  ayes  and  noes  were  not  taken  again 

Ubid. 


f 


11  fl 


■MMMMMv 


Letter  to  Governor  Thomas  Sim  Lee.       53 


)rise  will 
are  kept 
for  the 
ig  liable 
.  off  into 
satisfied 
s  all  the 
iction  of 
dignified 


he  Com- 
om    the 
[arylaiid 
/een  the 
interest 
id  urged 
Dught  to 
ation  of 
;s  would 
)ught  to 
epublics 
LS  to  re- 
direct 
e  to  the 
that  the 
ated  to 

:ars  last 
■noon  of 
m  again 


until  June  3d,  so  sometime  between  these  two  dates 
he  must  have  left  the  Assembly,  probably  on  the 
30th  of  May,  the  day  of  his  father's  sudden  death, 
an  affliction  which  was  to  be  followed  eleven  days 
later  by  the  loss  of  his  wife. 

The  first  sorrow  which  was  to  come  to  the  states- 
man's home  in  these  years  was  the  death,  in  August, 
1781,  of  Mrs.  Henry  Darnall,  his  wife's  mother  and 
his  own  first  cousin.  Of  this  sad  event  he  writes  at 
the  time  to  his  friend  Gov.  Thomas  Sim  Lee,  ac- 
knowledging a  letter  from  the  latter,  and  giving 
some  account  of  Mrs.  Darnall's  funeral,  which  took 
place  at  "  Doughoregan  Manor."  The  grand- 
daughter of  Thomas  Sim  Lee  was  to  marry  the 
grandson  of  Charles  Carroll  of  Carrollton,  and  to 
become  the  mother  of  a  more  recent  Maryland 
Governor,  John  Lee  Carroll. 

August  26th,  1 78 1,  Dooheragp:n. 

Dear  Sir  : 

I  am  extremely  obliged  to  you  for  your  favor  of  the 
24th  and  its  enclosure.  I  hope  the  inflamation  in  your 
t7es  is  gone  off,  and  that  you  enjoy  perfect  health. 

I  am  really  quite  out  of  spirits.  We  have  just  per- 
formed the  last  melancholy  office  to  the  remains  of  poor 
Mrs.  Darnall,  who  died  at  Rock  Creek  the  24th,  in  the 
morning.  Yesterday  I  went  thither  to  attend  the  corpse 
to  this  place.  She  was  buried  in  our  chapel  this  morn- 
ing. The  funeral  service  was  performed  by  the  Rev.  J. 
Carroll  who  came  up  with  me.  This  melancholy  inci- 
dent has  thrown  a  great  damp  on  all  our  spirits,  but  par- 
ticularly on  those  of  Mrs.  Carroll. 


'.!  ■■ 


mm 


1 

) 

4Nf  1   '( 

1     |.; 

1 

1     ' 

■1               (        , 

t  I!!! 


ii 


I 


Jl 


I 

r 


1 

i 

•:         :  J 

ii,  ; 

! 

';  1    ■ 

1 

'    1 

i  'i 

,1 

54 


Charles  Carroll  of  Carrollton. 


We  beg  to  be  kindly  remembered  to  you  and  Mrs.  Lee. 
Believe  me  to  be  with  great  regard  and  sincerity, 
Your  most  obedient  humble  servant, 

Ch.  Carroll  of  Carrollton.' 

Mrs.  Darnall,  his  daughter-in-law's  mother,  is 
named  as  a  legatee  in  the  will  of  Charles  Carroll, 
Sr.,  which  was  drawn  up  in  1780,  and  she  is  men- 
tioned as  his  "  cousin  "  and  his  **  wife's  niece."  We 
see  that  she  had  lived  in  the  Carroll  family  for  many 
years,  covering  the  period  of  the  elder  Mrs.  Carroll's 
illness  and  death.  Charles  Carroll  writes  in  his  last 
testament,  that  Mrs.  Rachel  Darnall  "always  be- 
haved very  dutifully  to  my  late  wife,  her  aunt,  and 
in  her  last  sickness  was  very  tender  of  her  and 
tended  her  with  the  greatest  care  and  affection, 
and  has  by  a  long  residence  with  me  merited  my 
esteem  and  affection." " 

In  1780  was  born  the  youngest  of  the  seven  chil- 
dren of  Charles  Carroll  of  Carrollton  and  Mary 
Darnall.  This  was  the  little  Eliza  whose  short  life 
closed  three  years  later.  The  other  children  were 
an  earlier  Elizabeth,  born  in  1769,  who  died  in  in- 
fancy ;  Mary,  born  in  1770;  Louisa  Rachel,  born 
in  1772,  who  died  young;  Charles,  the  only  son, 
born  in  1775;  Ann  Brooke,  born  in  1776,  who  also 
died  in  childhood,  and  Catherine,  who  was  born  in 
1778.  But  while  the  public  life  of  the  patriot  and 
lawmaker  is  spread  before  us  in  the  annals  of  the 
time,  we   obtain   only  occasional   glimpses  of  the 

'  Family  papers,  Dr.  Charles  Carroll  Lee. 
^  Appendix  C. 


Ill 


Charles  Carroirs  llouu  Circle, 


55 


happy  domestic  circle  which  had  gathered  around 
him.  In  June,  1776,  we  find  the  Rev.  John  Carroll 
writing  to  his  cousin  Charles  Carroll,  Sr.,  and  send- 
ing his  "  love  to  Polley,"  Mary  Carroll,  then  six 
years  old,  and,  with  the  stateliness  of  old-fashioned 
courtesy,  tendering  his  "  respectful  compliments " 
to  the  child's  mother  and  grandmother.  So  Mon- 
sieur Pliarne,  Mr.  Carroll's  amusing  French  corre- 
spondent, in  October,  1777,  remembers  Mrs.  Carroll 
and  Mrs.  Darnall  with  "  compliments,"  and  writes  : 
"  I  kiss  a  thousand  times  Mollie,  Charlie  and  Nancy." 
The  death  of  Mrs.  Darnall  in  178 1,  as  is  seen,  was 
but  the  beginning  of  the  afflictions  that  were  to 
visit  Charles  Carroll  in  his  home  life  at  this  period. 
In  less  than  a  year  later  his  father  and  wife  had 
died,  to  be  buried  also  under  the  Manor  Chapel, 
and  he  was  to  pass  half  a  century  of  widowhood 
before  rejoining  the  young  wife  who  had  been  taken 
from  him  in  her  gracious  prime.  Writing  to  a  friend 
July  9th,  1782,  he  says:  "  I  have  had  the  misfortune 
to  lose  my  father  and  wife  within  a  very  little  time 
of  each  other.  My  father  died  the  30th  of  May, 
suddenly,  and  my  wife  on  the  loth  ultimo,  after  a 
short  but  very  painful  illness."  '  Mr.  Carroll's 
death,  it  seems,  was  brought  about  as  the  result  of 
a  fall  from  the  porch  of  his  house  in  Annapolis,  and 
to  the  shock  and  distress  of  this  casualty  is  attrib- 
uted the  fatal  illness  of  his  daughter-in-law.  "  The 
death  of  Mrs.  Carroll  was  very  sad,"  writes  the 
author  of  the  Carroll  sketches  in  Appleton  s  Jour- 
nal : 


i;i' 


Family  papers,  Rev.  Thomas  Sim  l^ee. 


^w 


:  I 


f    > 


1' 


' 


"     ;l 


4    , 
1  ' 


1 


S6 


Charles  Carroll  of  CarrolUon. 


"  She  was  devotedly  attached  to  her  grandfather 
[father-indawj.  One  day  he  was  standing  on  the  large 
porch  of  his  house  at  Annapolis,  watching  a  ship  come 
into  the  harbor.  He  ste|)ped  back  too  far,  and  was 
picked  up  dead.  Mrs.  Carroll,  his  grandchild  [child]  by 
marriage,  and  his  constant  companion,  never  recovered 
from  the  shock,  nor  left  the  room  afterward  until 
death."  ' 

The  will  of  Charles  Carroll  of  Annapolis,  which 
was  drawn  up  two  years  before  his  death,  made  his 
son  Charles  Carroll  of  Carrollton  his  heir,  and  the 
"whole  and  sole  executor"  of  his  estate.  A  moiety 
of  certain  of  his  lands  was  to  go  to  his  nephew  and 
nieces,  Charles  Carroll  of  "  Carrollsburg,"  Mrs.  Dan- 
iel Carroll  of  Upper  Marlboro'  (or  Rock  Creek),  and 
Mrs.  Ignatius  Digges  of  "  Melwood."  ' 

At  the  opening  of  the  fall  session  of  the  Assembly, 
November  4th,  1782,  Charles  Carroll  of  Carrollton 
with  Edward  Lloyd,  were  again  the  only  Senators 
present.  The  grief-stricken  husband  and  son  was 
faithful  to  the  call  of  public  duty,  and,  as  usual, 
setting  an  example  of  promptness  to  his  more  dila- 
tory compatriots.  Not  until  the  15th  of  November 
was  there  a  Senate  formed.  Both  Houses  of  the 
Assembly,  at  this  time,  concurred  in  the  determina 
tion  that  measures  must  be  taken  to  enforce  n 
punctual   attendance   of   their   members.  ,am 

Paca  was  elected  Governor,  and  a  joint  coii.     iftee 
was  appointed  to  draw  up  an  address  of  approbation 

'  Applfton's  jfotiriial,  September,  1874. 
^  Appendix  C. 


Civil  List  mil  Defeated. 


57 


and  thanks  to  the  retiring  Executive,  Governor  Lee. 
Matthew  Tilghman  and  Charles  Carroll  of  Carrollton 
were  the  Senate  members  of  this  committee.  On 
the  3d  of  December,  a  resolution  of  the  Senate,  "  that 
the  Governor  and  Council  be  requested  to  apply  to 
Commodore  La  Villc  Hrun  for  such  armed  vessels 
as  he  may  jud^je  proper  to  cooperate  with  the  barges 
of  this  State  against  those  of  the  enemy  now  in  this 
Bay,"  was  sent  to  the  House  of  Delc^^ates  by  Charles 
Carroll. 

The  houses  and  lots,  and  the  household  furniture 
of  Sir  Robert  Ixlen  were  now  appropriated  to  the 
use  of  the  Republican  Executive,  until  the  Assem- 
bly should  otherwise  determine.  Charles  Carroll  of 
Carrollton  and  Col.  Richard  Barnes  were  ordered  by 
the  Senate,  at  this  time,  "  to  inquire  into  the  nature 
of  the  contract  made  by  the  House  of  Delegates  with 
Mr.  Frederick  Green  to  print  the  Laws  of  this  State." 
The  bill  to  regulate  the  militia  was  passed,  with 
amendments  ;  but  when  the  bill  to  settle  and  pay 
the  Civil  List  came  up  for  a  second  reading  it  was 
defeated,  and  a  committee  was  appointed  to  draft 
a  message  to  the  House  giving  the  Senate's  objec- 
tions to  the  bill.  This  committee,  consisting  of 
Matthew  Tilghman,  Charles  Carroll  of  Carrollton, 
John  Henry,  and  Charles  Carroll,  barrister,  said  in 
this  message  that  as  the  act  might  be  considered  a 
money  bill,  the  Senate  returned  it  with  a  negative 
only,  otherwise  they  might  have  added  amendments. 
The  reasons  for  their  dissent  were,  first,  motives  of 
conomy,  as  they  believed  the  salaries  of  the  Council 
and  others  should  be    lowered,  in    consideration    of 


I ,  ii 


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58 


Charles  Carroll  of  Carrollton, 


the  heavy  taxes,  which  were  likely  to  continue  and 
grow  larf^er  ;  and  secondly,  because  the  bill  made 
the  judges  dependent  on  the  Legislature. 

This  principle  of  the  independence  of  the  judiciary, 
they  wro'.e  "  is  essential  to  the  impartial  administra- 
tion of  justice,"  and  "  cannot  be  questioned."  And 
the  Senate  reminded  the  House  that  it  was  a  princi- 
ple "  recognized  by  the  Declaration  of  Rights,  which 
says  the  salaries  of  chancellor  and  judges  ought  to 
be  secured  to  them  during  the  continuance  of  their 
commissions.  Their  salaries  have  been  hitherto 
settled  annually,"  the  message  continues,  "  by  the 
Civil  List  bill,  and  consequently  cannot  be  said  to 
be  secured  to  them  during  the  continuance  of  their 
commissions."  And  the  committee  add  that  the 
perplexities  and  confusion  of  the  times  have  been 
the  excuses  for  this  irregularity,  but  now  that  "  a 
regular  and  effectual  administration  of  justice  hath 
taken  place  among  us,  it  is  become  a  duty  of  the 
General  Assembly  to  establish  permanent  salaries."  ' 
A  resolution  of  the  House  of  Delegates,  read  in  the 
Senate  on  Christmas  Day,  that  a  certain  sum  of 
money  received  by  General  Smallwood,  on  account 
of  the  recruiting  service,  be  applied  to  the  equipping 
of  the  barges,  was  assented  to  by  the  Senate,  Charles 
Carroll  of  Carrollton,  however,  giving  notice  that  he 
would  enter  his  protest  against  it.  And  on  the  second 
reading  of  the  Supply  Bill,  both  Charles  Carroll  and 
James  McHenry  announced  that  they  would  enter  a 
"  Dissentient."  That  of  Charles  Carroll  of  Carroll- 
ton is  as  follows  : 


^M 


Journal  of  the  Senate. 


Dissents  to  the  Supply  Bill. 


59 


% 


Because  this  bill  puts  the  management  and  sale  of  speci- 
fied articles  payable  in  discharge  of  a  large  proportion  of 
the  tax,  under  the  direction  of  the  Governor  and  Council, 
a  board  which  from  its  constitution  and  the  variety  of 
business  it  has  to  transact,  is  not  so  competent  as  one 
person  to  a  judicious  and  economical  administration  of  a 
complicated  revenue. 

Because  the  incompetency  of  the  Governor  and  Council 
is  not  merely  presumed  but  founded  on  experience  since 
the  past  mismanagement  of  the  specifics  and  the  waste  of 
them  induced  the  Legislature  to  commit  the  charge  and 
sale  thereof  to  the  direction  of  one  man,  and  occasioned 
the  appointment  of  an  Intendant  of  the  Revenue  from 
which  the  State  has  already  reaped  considerable  advan- 
tages, and  from  whose  continuance  in  office  it  would 
probably  derive  still  greater. 

Because  it  were  better  to  leave  the  specifics  in  the 
hands  of  the  people  than  to  draw  them  out  in  payment  of 
unprofitable  taxes  and  store  them  at  places  in  which  to 
judge  from  the  past,  they  will  be  probably  left  to  waste, 
rot,  and  be  embezzled. 

Because,  the  clause  enabling  debtors  to  retain  in  their 
hands  one  sixth  of  the  interest  accrueing  on  monies  loaned 
is  retrospective,  infringing  prior  contracts,  creditors  not 
having  it  in  their  option  under  the  present  system  of  law 
to  call  in  the  principal  in  order  to  avoid  the  deduction  of 
interest. 

Because,  the  principle  on  which  this  clause  in  the  bill 
is  presumed  to  be  grounded  is  too  fanciful  and  ideal,  in- 
applicable to  most  cases  and  improperly  ajiplied  to  all. 
The  principle  goes  upon  this  sup[)Osition,  that  every 
debtor  has  realized  the  money  borrowed  out  of  which 
one  sixth  of  the  interest  may  be  discounted  in  visible, 
taxable  property,  and  that  the  sum  payable  on  his  assess- 


r 


It 
If 

v. 


^ 


y 


1 


lli'  I 


I 


ii: 


60 


Charles  Carroll  of  Carrollto7i. 


ment  may  equal,  exceed  or  be  less  than  one  sixth  of  the 
interest  discounted  ;  if  equal  the  creditor  in  fact  and  not 
the  person  assessed  pays  the  tax.  To  all  cases  (and  a 
variety  of  such  may  exist)  in  which  the  sum  payable  by 
the  debtor  on  his  assessed  property  is  less  than  one  sixth 
of  the  interest  retained,  the  principle  is  totally  inapplic- 
able, for  in  such  cases  the  debtors  may  retain  more  by 
v\'ithholdinga  sixth  of  the  accrued  interest  than  what  Ihey 
pay  in  their  assessments,  and  then  the  creditors  not  only 
pay  the  assessment  of  debtors,  but  the  latter  gain  from 
the  former  the  difference  between  the  sums  paid  and  ex- 
cess. Admitting  the  monies  borrowed  bearing  interest, 
to  be  invested  in  real,  visible  and  taxable  property,  and 
the  sum  paid  by  the  debtor  on  the  valuation  of  his  prop- 
erty to  exceed  a  sixth  of  the  interest  withheld  from  his 
creditor,  still  is  the  principle  improperly  applied  by  the 
clause  dissented  to.  If  properly  applied  all  property 
must  be  assessed  at  its  real  value,  for  instance  a  certain 
proportion  valued  at  one  hundred  pounds  ought  not  to 
be  worth  in  reality  more  than  that  sum,  for  it  is  evident 
unless  lands  and  other  visible,  taxable  property  are  justly 
valued,  the  reduction  of  a  sixth  of  the  interest  must  be 
unjust,  being  made  from  a  definite  portion  of  property, 
viz  :  one  hundred  and  five  pounds,  a  property  not  ascer- 
tained as  most  others  by  the  discretionary  and  fallible 
judgment  of  an  assessor,  and  daily  decreasing  in  value 
whilst  that  of  lands  hath  risen  of  late  years  considerably 
and  by  many  is  supposed  still  to  be  rising.  Thus  in 
virtue  of  the  clause  objected  to,  a  piece  of  land  valued  at 
one  hundred  pounds  but  really  worth  two  hundred,  will 
pay  only  twenty-five  shillings,  and  the  owner  who  may 
have  borrowed  one  hundred  pounds  is  empowered  to  de- 
duct twenty  shillings  from  one  hundred  and  five  pounds. 
Because  this  clause  is  a  tack  to  a  money  bill  not  imme- 


|l   !l 


Dissents  to  the  Supply  Bill. 


61 


diately  relating  and  necessary  for,  the  imposing,  assess- 
ing, levying  or  applying  the  taxes  to  be  raised  for  the 
current  expenses  of  the  year,  but  contains  matter  totally 
distinct  from  the  nature  and  essence  of  a  money  bill  as 
defined  by  the  form  of  government,  viz  :  an  impolitic 
reduction  of  interest  from  six  to  five  per  cent.,  which  if 
continued  will  operate  as  a  discouragement  to  private 
and  public  credit  and  force  the  monied  men  to  draw 
their  capitals  out  of  the  hands  of  the  citizens  of  this 
State  to  place  them  in  other  countries  in  which  they  will 
not  be  subjected  to  such  reductions. 

Because  the  menacing  yet  ridiculous  and  illegal  pro- 
vision in  the  latter  part  of  the  clause  will  operate  only  on 
the  timid  and  ignorant,  and  is  in  reality  an  acknowledg- 
ment of  its  impropriety  and  discovers  the  strongest  ap- 
prehension that  what  is  unjust  and  indeed  absurd  will  be 
disregarded  by  the  more  informed. 

Charles  Carroll  of  Carrollton.' 

General  Rochambeau  was  in  Annapolis  early  in 
January,  1783,  and  the  Assembly  voted  an  address 
of  thanks  to  him,  and  an  entertainment  at  the  pub- 
lic expense,  in  his  honor.  The  address  was  to  be 
presented  by  a  joint  committee  of  both  Houses,  the 
Senators  selected  being  Charles  Carroll  of  Carroll- 
ton,  Charles  Carroll,  barrister,  and  Edward  Lloyd. 
The  Militia  Bill  afforded  a  point  of  dispute  between 
the  two  Houses  at  this  session,  and  the  Senate  would 
seem  to  have  held  the  proper  view.  They  wished  to 
exempt  from  militia  duty  the  Executive  and  Coun- 
cil, the  members  of  Assembly,  and  the  higher  ofifi- 
cers  of  the  judiciary,  "  on  the  principle  that  no  set  of 

'  Ibid. 


,t 


!.i' 


¥1 


I    / 


I 

ti 


ii 


i'    . 


62 


Charles  Carroll  of  Carrollton. 


men  in  the  State  should  be  unequally  burdened  " 
while  the  House  urged  that  these  persons  were  "of 
the  first  characters  and  fortunes,  and  ought  to  set 
examples  to  the  people,  and  show  them  that  no 
duty,  however  hard  or  inconvenient,  will  be  re- 
quired of  them  but  what  all  ranks  of  men  are  sub- 
jected to."  When  the  bill  for  the  defence  of  the 
State  from  the  enemy's  cruisers  was  passed  with 
amendments  from  the  Senate,  January  9th,  Charles 
Carroll  of  Carrollton  and  one  other  Senator  only, 
voted  in  the  negative.  The  House  returning  this 
bill  and  refusing  to  take  the  amendments  into  con- 
sideration, Charles  Carroll  of  Carrollton  and  Charles 
Carroll,  barrister,  were  ordered  to  prepare  a  message 
for  the  House. 

Gentlemen, 

If  you  are  clearly  of  opinion  that  the  bill  for  the  de- 
fence of  the  State  from  the  enemy's  barges  and  cruisers 
is  a  money  bill,  we  are  not  less  certain  that  several  mat- 
ters, clauses  and  things,  are  annexed  to  and  blended 
with  this  bill,  not  immediately  relating  to,  and  necessary 
for,  the  imposing,  levying  or  applying  the  money  intended 
to  be  raised  by  it. 

The  clauses  repealing  the  act  imposing  certain  duties 
for  the  purpose  of  sinking  the  bills  of  credit  therein 
mentioned,  and  establishing  a  court  for  the  trial  of  offi- 
cers, marines  and  mariners,  for  breach  of  any  of  the 
articles  established  for  the  government  of  the  navy  of 
the  United  States,  and  for  trying  the  captains  of  the 
barges  Fearnought,  Terrible  and  Defence^  we  conceive 
do  not  relate,  or  are  requisite  for  the  imposing,  assess- 
ing, levying  or  applying  of  money. 

The  first   clause   ascertaining  the    naval  force  to  be 


:mi| 


^/^".S 


Message  from  the  Senate, 


63 


to  be 


equipped,  is  also,  in  our  opinion,  unconstitutionally  blend- 
ed with  those  parts  of  the  bill  uhich  properly  make  it  a 
money  bill.  To  raise  money  for  the  purpose  of  equipping 
armed  vessels,  and  to  ascertain  what  their  number  and 
force  shall  be,  are  things  in  themselves  totally  distinct. 
We  might  agree  that  it  would  be  proper  to  raise  a  certain 
sum  of  money  to  defend  the  trade  and  coasts  of  our  bay, 
and  yet,  possibly  we  might  differ  about  the  extensiveness 
and  force  of  the  intended  armament.  If  these  distinct 
matters  are  cast  into  separate  bills,  we  may  then  offer 
amendments  ;  for  instance,  we  could  amend  a  bill  as- 
certaining the  number  and  force  of  the  vessels  to  be 
equipped,  and  might,  in  a  message  support  our  amend- 
ments with  such  reasons  as  might  possibly  gain  your 
assent  ;  but  if  the  clause  ascertaining  the  armed  force 
remains  connected  with  a  money  bill,  we  are  by  the  Con- 
stitution precluded  from  making  amendments,  and  from 
freely  exercising  our  judgments  as  to  the  quantum  of  the 
force  proposed  to  be  employed.  To  exercise  our  judg- 
ments freely  and  fully  upon  so  material  a  point,  and 
upon  others,  we  are  compelled  to  have  recourse  to  our 
privilege  and  right  of  insisting  on  a  separation  of  every 
clause,  matter  and  thing,  not  immediately  relating  and 
essentially  requisite,  to  a  money  bill.  Believing  that 
you  would  not  designedly  violate  the  Constitution,  in 
making  tacks  to  a  money  bill,  to  prevent  a  full  and  free 
discussion  of  objects  so  important,  and  being  satisfied 
that  there  are  several  matters  in  the  bill,  which  by  no 
lorture  of  criticism  can  be  construed  into  the  necessary 
appendages  of  a  money  bill,  we  presumed  you  were  in- 
clined to  waive  on  this  occasion  your  privilege,  and  per- 
mit us  to  offer  such  amendments  as  we  might  judge 
pnper,  in  a  public,  parliamentary  way,  a  way  more  con- 
sistent with  the   independence   of   the  Senate  and  the 


r 


1     *>. 


\il^\ 


^^rr 


W'J 


1  ;  ,>  i 


U! 

r 


/ 


64 


Charles  Carroll  of  Carrollton. 


spirit  of  our  Constitution  than  those  private  negotiations 
which  have  sometimes  heretofore  taken  place,  and  most 
commonly  to  very  little  purpose. 

We  therefore  insist  on  your  separating  the  clauses  we 
have  pointed  out  from  those  parts  of  the  bill  imposing, 
assessing,  levying  and  applying  the  monies  to  be  raised 
by  it,  and  we  therefore  have  returned  you  the  bill  with  a 
negative.' 

There  was  again  a  difference  of  opinion  as  to  the 
per  diem  allowance  for  members  of  the  Assembly. 
The  House  wanted  twenty-one  shillings,  the  Senate, 
more  economical,  advocated  fifteen,  and  the  bill  as 
finally  passed  gave  the  members  seventeen  shillings 
and  five  pence  a  day,  a  compromise  which  was  op- 
posed in  the  Senate  by  Matthew  Tilghman,  and  the 
two  Carrolls.  January  12th,  a  resolution  of  the 
House  of  Delegates  directing  the  Treasurer  to  re- 
ceive the  bills  of  credit,  called  red  money,  in  pay- 
ment of  British  property  and  in  discharge  of  the 
county  assessment,  was  negatived  by  an  almost 
unanimous  vote,  Charles  Carroll  of  Carrollton  pre- 
paring the  Senate's  message  with  which  it  was  re- 
turned.    This  vi^as  as  follows  : 

"  Gentlemen,  we  have  rejected  your  Resolve  of  the 
nth  instant  .  .  .  directing  the  Treasurer  of  the  Western 
Shore  to  receive  the  bills  of  credit  not  exceeding  200,000 
pounds,  on  the  security  of  double  the  value  in  lands,  to 
defray  the  expences  of  the  present  campaign,  because  it 
is  improper  to  repeal  a  law  by  a  Resolve,  resolves  not 
having  the  same  public  notoriety,  force  and  efficacy  as 

>  Ibid, 


■  W 

4.. 


%A 


Bill  for  the  Defe^ice  of  the  Bay.  65 

laws.  We  will  give  our  assent  to  a  bill  for  directing  the 
Treasurer  of  the  Western  Shore  to  receive  at  par  the 
aforesaid  bills  of  credit,  in  payment  of  confiscated  Brit- 
ish property  sold  for  the  redemption  thereof,  provided 
that  the  said  bills  of  credit  be  also  directed  by  the  act  to 
be  received  at  par  in  payment  of  county  assessments." 

The  Senate  having  at  length,  not  to  delay  the 
session  longer,  assented  to  the  bill  for  the  defence 
of  the  Bay,  though  disapproving  of  some  of  its 
clauses,  Charles  Carroll  of  Carrollton  entered  his 
protest  against  it  as  follows : 

"  Dissentient  ;  Because  the  sum  appropriated  by  the 
bill  to  the  equipment  of  the  naval  force,  designed  for  the 
protection  of  the  trade,  and  the  inhabitants  living  near 
the  shores  of  the  Bay,  amounts  to  a  much  larger  propor- 
tion of  the  public  revenue  than  ought  to  be  appropriated 
to  that  particular  purpose. 

"  Because,  the  intended  armament  exceeds  our  ability, 
and  the  sum  alloted  will  not  complete  and  maintain  for 
the  time  limited,  the  vessels  purposed  to  be  fitted  out 
and  their  crews,  and  consequently  they  will  not  be  able 
to  give  that  protection  and  security  which  a  lesser  force, 
more  proportioned  to  our  means  and  better  equipped 
might  afford. 

"Charles  Carroll  of  Carrollton."  ' 

The  Civil  List  Bill  did  not  at  all  meet  with  the 
approval  of  the  Senate,  as  they  thought  the  salaries 
of  officers  should  be  more  moderate.  So  they  de- 
clared to  the  House  that  they  adhered  to  their  views, 
and  only  assented  to  the  bill,  because  the  civil  offi- 

'  Ibid. 

VOL.II— 5 


I 


! . '( 


TT 


II 


I  ill  ( -y 


J' 


U      w 


1-'l 


'i\D^ 


66 


Charles  Carroll  of  Carrollton. 


cers  could  not  be  left  unprovided  for,  and  it  was  im- 
portant not  to  prolong  the  session  any  further.  The 
bill  to  raise  supplies  for  the  current  year  was  carried 
to  the  House  by  Charles  Carroll  of  Carrollton,  on 
the  15th  of  January,  accompanied  by  an  address  to 
General  Greene  on  his  victories,  and  the  Assembly 
then  adjourned.' 

In  the  spring  of  1783,  Annapolis  was  gayer  than 
usual  at  this  season,  for  in  addition  to  the  races, 
there  was  the  presence  of  the  Continental  Congress 
in  the  little  town,  and  the  crowd  of  visitors  this  as- 
semblage attracted,  among  whom  were  many  of  the 
French  officers.  It  was  the  year  in  whicli  peace  was 
declared,  and  Annapolis  had  a  part  in  the  general 
rejoicing  at  this  event.  And  it  was  on  the  Carroll 
grounds,  "  Carroll's  Green,"  the  festivities  took  place. 
"  To-morrow,"  wrote  Mrs.  Walter  Dulany,  April  23d, 
to  her  son  in  England,  "  we  celebrate  Peace.  I  hear 
there  is  to  be  a  grand  dinner  on  Squire  Carroll's 
Point,  a  whole  ox  to  be  roasted  and  I  can't  tell  how 
many  sheep  and  calves  besides  a  world  of  other 
things.  Liquor  in  proportion.  The  whole  to  con- 
clude with  illuminations  and  squibs."  ' 

The  spring  session  of  the  Assembly  was  to  have 
met  the  2 1st  of  April,  but  the  only  Senator  who 
made  his  appearance  on  that  day  was  Charles  Car- 
roll of  Carrollton.  A  Senate  was  formed  early  in 
May,  and  the  Articles  of  Peace  were  first  taken  up 

1  Ibid. 

^  "One  Hundred  Years  Ago — The  Life  and  Times  of  the  Rev, 
Walter  Dulany  Addison,"  1769-1848,  p.  67.  By  Elizabeth  Hesselius 
Murray,  Philadelphia,  1895. 


Annapolis  Celebrates  Peace, 


67 


have 
ir  who 

ts  Car- 
Irly  in 
[en  up 


le  Rev. 
tesselius 


for  consideration.  Then  came  the  adjustment  of  the 
affairs  of  government  on  the  footing  of  estabh'shed 
independence.  **  After  a  long  and  dreadful  war," 
said  the  Council  in  a  message  to  the  Senate,  they 
must  turn  their  attention  to  the  public  creditors,  to 
the  demands  of  the  government,  the  revision  of  the 
criminal  law,  commercial  improvements,  and  the  ad- 
vancement of  religion.  "  The  Bill  of  Rights  and 
Form  of  Government,"  they  assert,  "recognize  the 
principle  of  public  support  for  the  ministers  of  the 
gospel  and  ascertain  the  mode."  The  death  of 
Charles  Carroll,  barrister,  took  place  at  this  time. 
This  gentleman  left  no  children,  and  his  estate  went 
by  will  to  Nicholas  and  James  Maccubbin,  the  sons 
of  his  only  sister,  on  the  condition  that  they  took 
the  surname  of  Carroll. 

Owing  to  the  indisposition  of  Matthew  Tilghman, 
President  of  the  Senate,  no  business  was  done  on 
the  22d  of  May,  and  the  following  day  Charles  Car- 
roll of  Carrollton  was  elected  President  in  the  place 
of  Mr.  Tilghman.  The  Assembly  made  arrange- 
ments for  the  accommodation  of  Congress,  giving 
them  "  the  stadt-house  and  public  circle,"  with  the 
Governor's  house  for  the  use  of  the  President,  and 
thirteen  dwelling-houses  with  other  buildings  "  for 
the  residence  of  the  delegates  of  each  of  the  thir- 
teen Confederated  States."  An  important  public 
paper  of  Charles  Carroll  belongs  to  this  session  of 
the  Senate,  his  protest  against  the  bill  "  concerning 
the  admission  and  qualification  of  solicitors  and  at- 
tornies."  It  is  a  significant  testimony  to  his  fearless- 
ness, liberality,  and  wise  statesmanship  on  questions 


I 


m 


I  i 


68 


Charles  Carroll  of  Car  roll  ton. 


s 


I 


connected  with  the  recent  war.  A  manuscript  draft 
is  preserved  of  this  paper,  serving  to  correct  errors  in 
tlie  printed  copy. 

DissENTiKNT,  Becausc  the  clause  in  the  bill  empowering 
the  judges  of  the  courts  of  law  and  etiuity  to  suspend, 
remove  or  strike  out  of  the  roll  of  attornies  persons  al- 
ready admitted  or  hereafter  to  be  admitted  as  attornies, 
for  supposed,  not  proved,  disaffection  to  the  government 
of  this  State,  is  a  violation  of  the  public  faith,  unneces- 
sary and  impolitic.  This  clause  violates  the  public  faith, 
by  depriving,  for  one  and  the  same  offence,  a  few  indi- 
viduals (for  few  only  in  reality  will  be  affected  by  the 
clause)  of  those  rights  and  privileges,  which  they  had  for- 
feited for  nonconformity  to  one  act,  and  had  purchased 
and  regained  under  another.  A  small  attention  to  the 
act  for  the  better  security  of  government,  and  the  supple- 
mentary act  for  procuring  an  extra  supply  of  provisions 
for  the  Continental  army,  passed  at  June  session,  1780, 
will  evince  this  violation  of  law  and  justice.  By  the  for- 
mer act  nonjurors  are  rendered  incapable  of  practising 
the  law  ;  by  the  latter,  this  disability  is  taken  off,  upon 
certain  conditions  to  be  performed  by  them  ;  on  per- 
formance, they  are  placed  on  the  same  footing  of  other 
subjects,  with  respect  to  the  practice  of  the  law  ;  no  ar- 
bitrary and  discretionary  power  was  vested  in  the  judges, 
before  the  passage  of  this  bill,  to  remove  or  suspend 
practising  attornies,  for  the  vague  and  indeterminate 
offence,  disaffection  to  government.  I'he  only  evidence 
which  the  law  heretofore  required  of  attachment  to  the 
Constitution  and  form  of  government  of  this  State,  was 
the  taking  the  oath  of  support  and  fidelity  thereto.  Per- 
sons, who  had  refused  or  neglected  to  take  that  oath,  on 
or  before  a  particular  day,  are  left  at  liberty,  by  the  sup- 


'  AH 


-"^N|l.  4 


Qiialificafion  of  Attorneys, 


69 


te,  was 


plementary  act  just  mentioned,  to  take  the  oath  at  any 
timt\  and  even  without  taking  it,  they  are  restored  to  all 
the  privileges  of  citizens,  save  such  as  are  expressly  ex- 
cepted l)y  that  act.  To  destroy  this  conclusion,  drawn 
from  the  above-mentioned  laws,  it  will  be  incumbent  on 
the  patronizcrs  of  this  bill  to  show,  that  the  judges  have, 
without  it,  a  discretionary  power  of  removing  or  suspend- 
ing practising  attornies  for  disaffection  to  the  govern- 
ment, although  they  may  have  taken  the  oath  of  su])port 
and  fidelity  to  it.  If  the  judges  have  this  pre-existing 
]jo\ver,  where  is  the  necessity  of  this  clause,  and  of  the 
amendment  made  to  it  by  the  Senate,  pointedly  j)rovid- 
ing,  that  the  taking  of  the  oath,  after  the  preliminaries  of 
peace,  shall  not  be  considered  by  the  judges  ///  itself  as 
sufficient  attachment  to  the  government  ?  The  very 
amendment  proves  the  inference,  that  the  judges  had  no 
such  power  under  any  former  act,  and  that  they  were 
bound  to  admit  the  taking  the  oath  of  support  and  fidel- 
ity to  the  State,  by  the  qualifying  attorney,  as  the  only 
proof  of  his  attachment  to  the  government  by  law  re- 
quired. The  few  instances  which  have  lately  occurred 
also  prove,  that  the  judges  of  the  general  court  acted  un- 
der this  impression  and  construction  of  the  laws,  by 
admitting  certain  nonjurors  to  qualify  as  attornies,  not 
conceiving  themselves  at  liberty  to  exclude  them  from 
practising  in  the  courts  of  justice,  on  account  of  reputed 
disaffection  to  the  government,  nor  foreseeing  that  a  fu- 
ture act,  in  derogation  of  the  subsisting  law  of  the  land, 
would  direct  them  not  to  consider  such  oath  in  itself  as 
sufficient  evidence  oi  attachment  to  the  State.  It  is  pre- 
sumed, indeed,  that  had  the  judges  been  indued  with 
such  foresight,  their  integrity,  and  a  proper  sense  of 
character,  would  not  have  suffered  them  to  have  trifled 
with  their  oaths,  to  accommodate  their  conduct  to  the 


tl« 


i,^i 


III 


l!«l' 


'?  I 


-^^ 


1  . 


70 


Charles  Carroll  of  Carrollton. 


I 
('     1,1 

,1: 

U!l. 


H", 


resentmenl  of  individuals,  or  the  views  of  particular  men, 
not  acting  under  the  obligation  of  an  oath. 

The  clause  in  (lueslion  not  only  violates  the  public 
faith  and  justice,  but  is  an  unnecessary  and  wanton  vio- 
lation of  botii  ;  an  examination  of  the  arguments  which 
were  urged  in  support  of  this  particular  clause  will  dis- 
cover the  truth  of  the  position.  The  danger  to  the  State 
from  permitting  a  few  nonjurors  to  qualify  as  attornies, 
and  practise  in  the  courts  of  law  and  equity,  was  much 
insisted  on  ;  that  there  are  but  few,  very  few,  has  been  al- 
ready noticed,  who  will  or  can  be  affected  by  the  clause  ; 
and  that  these  few  are  incapacitated  from  voting  at  elec- 
tions, and  holding  any  office  of  trust  and  profit,  must  be 
known  to  all.  From  whence  then  is  this  mighty  danger 
to  arise  ?  In  what  does  its  reality  consist  ?  How  is  it  to 
operate,  and  on  what  objects  ?  These  discoveries  remain 
yet  to  be  made.  To  justify  a  breach  of  law  and  national 
compact  between  the  State  and  its  subjects,  the  necessity 
of  that  breach  must  be  self-evident,  palpable,  and  felt  by 
all.  Will  it,  can  it  be  pretended,  that  the  remote  and 
ideal  dangers  apprehended  from  the  admission  to,  and 
continuance  in,  the  practise  of  the  law,  of  the  persons 
alluded  to,  constitute  such  a  necessity  ?  The  assertion 
is  too  absurd  to  gain  belief,  even  with  the  most  timid,  the 
most  inveterate,  or  the  most  deluded.  If  the  objection- 
able clause  violates  law  and  justice,  and  is  unnecessary, 
on  what  principles  can  its  policy  be  supported  ?  Is  it 
good  policy  to  perpetuate  parties  and  odious  distinctions 
in  the  State  ?  To  extinguish  factions,  and  to  allay  and 
heal  their  animosities,  to  unite  all  ranks  of  citizens  in  the 
pursuit  of  one  common  good,  has  been  ever  inculcated 
by  wise  statesmen.  On  this  point  can  a  real  difference 
of  sentiment  subsist  ?  Can  it  be  denied,  that  the  clause 
has  a  tendency  to  keep  alive  party  distinctions  and  ani- 


Aft  Important  Public  Paper, 


71 


mosity  ?  These  are  the  apparent  and  obvious  conse- 
([iiences  of  the  bill  ;  more  secret,  dark  and  insiduous, 
are  to  be  api)rehended.  A  monopoly  in  the  practice  of 
law  may  be  as  fatal  to  the  State  as  any  other  monopoly. 
Combinations  among  monopolisers  are  frequent  .\.  \  al- 
ways pernicious.  Admit  a  combination  should  be  fomed 
between  the  present  practitioners  of  the  law,  not  to  biing 
suits  for  the  recovery  of  British  debts  ;  would  not  such  a 
combination  terminate  in  an  actual  contravention  of  the 
Treaty  of  Peace  ?  Have  not  such  combinations  been 
publicly  mentioned  ?  And  does  not  the  general  scope  of 
the  bill  give  room  to  susi)ect,  that  it  is  calculated  to 
countenance  such  unwarrantable  practices  ?  From  this 
source  may  be  traced  the  real,  though  not  the  avowed, 
motive  of  excluding  from  the  exercise  of  their  profession 
the  nonjuring  and  resident  attornies  ;  hence  sprung  the 
departure  from  the  principles  of  the  naturalization  act, 
which  requires  no  previous  residence  in  the  State,  as  a 
qualification  of  the  persons  naturalized,  to  become  attor- 
nies or  solicitors  in  the  courts  of  law  and  equity  within 
this  State.  Why  all  this  distrust,  this  dread  of  and  cau- 
tion against  admitting  to  practice  as  attornies,  such  resi- 
dents as  had  not  taken  the  oath  of  support  and  fidelity 
before  the  signing  of  the  Preliminary  Articles  of  the 
Peace  ?  Why  is  two  years  residence  now  required  of 
foreigners  naturalized,  who  by  the  act  of  naturalization, 
passed  in  the  very  heat  of  war,  might  have  qualified  as 
attornies,  immediately  on  taking  the  oath  prescribed  by 
that  act  ?  Is  greater  danger  now  to  be  apprehended  from 
British  emissaries,  after  the  acknowledgment  of  the  inde- 
pendence of  these  States,  than  before  that  event  ?  How 
can  so  much  distrust  and  jealousy  of  that  power  be  rec- 
onciled with  the  full  security  resulting  from  a  glorious 
peace,  and  the  perfect  establishment  of  independence  '' 


I 


!!'. 


I 


^^ 


\ 


I     I      '  f^ 


'    :i 

(1 

i' 

1 

f. 

1 

' 

* 

,' 

I 

1 

i 

\\  i 


72 


Charles  Carroll  of  CarrolUon. 


Men  who  rre  not  blinded  by  their  resentments,  or  in- 
fluenced by  interest,  will  readily  perceive  and  attribute 
those  pretended  fears  to  the  true  cause,  a  desire  of  pro- 
crastinating, or  totally  eluding,  the  payment  of  British 
debts.  This  bill  is  levelled  at  British  creditors,  not  at  a 
British  interest,  or  British  emissaries,  as  suggested  in  the 
debate  upon  it, 

Charles  Carroll  of  Carrollton, 

President  of  the  Senate.' 

'  Journal  of  the  Senate  ;  MS  :  owned  by  Hon.  Jolin  Lee  Carroll. 


CHAPTER  III. 


MARYLAND   AFTER  THE   PEACE. 


1 


1783-1787. 


THE  affairs  of  the  Baltimore  Iron  Works  were  in 
no  very  prosperous  condition  :it  the  close  of 
the  Revolution,  and  the  manager,  Clement  Brooke, 
a  relative  of  Charles  Carroll  ot  Carrollton,  had  sev- 
eral measures  to  propose  for  their  advancement.  He 
wrote  from  the  "  Baltimore  Furnace,"  August  7, 
1783,  to  the  gentlemen  of  the  Company,  suggesting 
that  they  should  l:eep  a  store  of  bar  iron  in  "  Balti- 
more town,"  -tPd  pw  t  a  capable  person  in  charge  of 
it,  so  that  ?;u*"icient  might  be  sold  to  support  the 
works  and  pay  the  taxes.  They  wanted  also  more 
good  hands  "  to  force  on  the  works  to  the  best  ad- 
vantage," and  the  manager  added  :  "  Mr.  Carter  owes 
one  negro  woman,  the  estate  of  Mr.  Carroll  of  Dudd- 
ington  three  women  and  five  men,  the  State  of  Mary- 
land five  men  and  two  women."  He  complained 
that  the  negroes  supplied  were  not  capable  of  doing 
their  tasks  :  *' Three  negro  men  sent  by  Mr.  Carter 


last  fall  are  all  unfit  hands 


a  lad  sent  in  by 


Mr.  Carroll,  barrister,  in  June,  1782,  [is]  very  uiifit 


Ilj: 


74 


diaries  Carroll  of  Carrollton. 


.1 

'    1 

1 
t 

i 

1 

1 

,1  i 

f  > 
t  ' 


» 


■  < 


for  the  business,"  and  so  on.  Then  "  a  young  ne- 
gro fellow  bought  for  Mr.  Carroll  of  Carrollton  put 
in  last  March  soon  made  his  escape  and  is  not  found 
yet."  Charles  Carroll  of  Carrollton  in  forwarding 
Clement  Brooke's  letter  to  the  other  gentlemen  of 
the  Company  proposed  a  meeting  for  the  27th  of 
October. 

DoEHERAGEN,  iith  August,  1783. 

Gentlemen  :  The  several  matters  mentioned  in  the 
above  letter,  are  of  such  importance  as  to  claim  the  im- 
mediate and  serious  attention  of  the  Company.  It  is  my 
opinion,  that  some  trusty  person  in  Baltimor*.-  town  ought 
to  be  immediately  employed  by  the  Company  to  sell 
from  them,  on  commission,  as  much  bar  iron  as  will  en- 
able the  clerks  to  lay  in  provisions,  pay  hirelings,  other 
incidental  charges  and  taxes,  and  that  Mr.  Biooke  should 
be  authorised  (as  I  do  on  my  behalf  hereby  authorize 
him)  to  employ  some  such  person,  and  to  agree  with  him 
about  the  commission.  The  loss  which  the  Company 
sustains  by  bartering  away  their  bar-iron  for  provisions 
and  in  paying  hirelings  must  be  considerable.  Hirelings 
are  generally  necessitous,  and  to  purchase  liquor  and 
clothing  sell  the  iron  which  they  get  of  the  Company  to 
the  merchants  in  town  at  an  under  value. 

To  send  to  the  Works  unserviceable  negroes,  is  only 
increasing  expence  without  the  prospect  of  a  benefit,  and 
injuring  those  who  put  in  good  slaves.  The  cripple,  un- 
healthy, and  infirm  negroes  which  have  been  sent  to  the 
Works  within  these  two  or  three  years  past,  ought  to  be 
taken  back  by  the  persons  who  put  them  in,  and  good 
negroes,  such  as  Mr.  Brooke  describes,  sent  in  their 
places.  If  the  partners  had  heretofore  put  in  such  there 
would  not  now  be  wanting  sixteen  hands  to  carry  on  the 


Smmiel  Chase  hi  London. 


75 


works.  A  meeting  of  the  Company  appears  to  me  to  be 
absolutely  necessary,  and  therefore  1  propose  one  to  be 
held  at  the  Furnace  the  27th  of  next  October, 

The  Works,  if  carried  on  with  spirit,  and  managed  to 
the  greatest  advantage,  might  certainly  be  made  very  prof- 
itable ;  at  present  they  hardly  clear  themselves.  How  to 
improve  so  improvable  an  estate,  is  the  object  of  the  pro- 
posed meeting.         1  am,  Gentlemen, 

Your  most  humble  Servant 
Ch.  Carroll  of  Carrollton.' 

On  the  3d  of  November,  1783,  Charles  Carroll 
appeared  in  his  seat  in  the  Senate,  with  only  two 
other  members  present.  He  attended  from  day  to 
day  until  the  13th,  when  there  being  as  yet  no  quor- 
um, he  seems,  for  some  reason,  to  have  left  town, 
and  when  the  Senate  was  finally  organized  on  the 
22d,  he  was  still  absent,  and  Daniel  Carroll  was 
elected  President  in  his  place.  Two  days  later  he 
had  returned,  and  was  immediately  put  upon  a  com- 
mittee to  confer  with  a  House  committee  on  an 
apprehended  disturbance  in  Annapolis.  A  bill  v/as 
passed  to  empower  the  Governor  to  call  out  the 
militia  to  suppress  insurrections  and  quiet  distur- 
bances. The  "Act  concerning  the  stock  of  the 
Bank  of  England"  was  the  next  important  matter 
considered.  Samuel  Chase  had  been  appointed  an 
agent,  at  the  close  of  the  war,  to  go  to  England  and 
recover  the  amount  of  dividends  that  had  accumu- 
lated from  the  twenty-seven  thousand  pounds  that 
had  been  deposited  in  the  Bank  of  England  by 
Maryland,  and  to  sell  the  stock.     A  letter  from  Mr. 

'  Carter  Papers.  o\\  ucd  by  (.'has.  V.  Keith. 


ij 

It 


:J 


I   f 


.:  \ 


I   ■ ' .  (, 


76 


Charles  Can-oil  of  Carrollton. 


Chase,  with  other  papers  on  this  subject,  read  In  the 
Senate,  November  28th,  were  carried  to  the  House 
by  Charles  Carroll  of  Carrollton.  A  bill  relating  to 
civil  causes  depending  in  the  General  Court  for  the 
Western  Shore,  was  brought  in  by  Charles  Carroll, 
December  1st,  and  was  doubtless  drafted  by  him. 

The  Chevalier  d'  Annemours,  Consul-General  of 
France  in  Virginia,  Maryland,  the  Carolinas,  and 
Georgia,  was  in  Annapolis  at  this  session  of  the 
Assembly,  and  a  joint  committee  of  both  Houses 
was  appointed  to  confer  with  him  on  the  business  of 
his  office  in  connection  with  Maryland.  The  Senate 
members  of  this  committee  were  George  Plater  and 
Charles  Carroll  of  Carrollton.  The  committee's  re- 
port, brought  in  ten  days  later  arranged  as  to  the 
imposition  of  duties,  and  proposed  that  *'  Chambers 
of  Commerce  "  be  established  for  the  speedy  de- 
cision of  C)ntroversies.  A  joint  committee  of  five 
from  the  Senate  and  seven  from  the  House,  who 
were  to  take  into  consideration  a  letter  from  the 
Maryland  delegates  in  Congress,  included  Charles 
Carroll  of  Carrollton.  On  the  19th  of  December  a 
joint  committee  was  appointed  to  provide  a  house  for 
General  Washington,  and  to  prepare  an  address  to 
him.  Charles  Carroll  was  one  of  the  five  Senators 
selected  for  this  committee.  The  address  to  Gen- 
eral Washington,  expressing  the  Assembly's  grateful 
sense  of  his  "  distinguished  services  "  was  brought 
in  by  John  Henry,  and  he  and  Charles  Carrol!  were 
the  Senators  appointed  to  join  with  the  delegation 
from  the  House  who  were  to  present  the  address.' 

'  JourHul  of  llw  Md) yla)hl  S,iiatc. 


(» 


V: 


S/o/ic's  Ajisiucr  to  '' Dissefitieiity 


77 


In  the  State  House  at  Annapolis  to-day  where 
the  historic  event  of  the  resignation  of  Washing- 
ton took  place,  the  portrait  of  Charles  Carroll  of 
Carrollton  looks  down  from  the  walis,  with  those  of 
William  Paca  and  Samuel  Chase,  and  a  large  canvas 
hangs  between  them  conveying  to  later  generations 
the  representation  of  the  scene  in  Congress,  as  it 
transpired  in  this  identical  spot,  at  the  hour  of  noon, 
December  23,  1783. 

The  bill  "  laying  a  duty  on  British  vessels  and  for 
other  purposes,"  was  committed  for  amendment  to 
John  Henry,  Charles  Carroll,  and  John  Smith.  On 
the  23d  of  December,  Daniel  Carroll,  the  President 
of  the  Senate,  was  indisposed,  and  it  was  necessary 
to  elect  someone  in  his  place.  Col.  Richard  Barnes 
v/as  the  Senate's  first  choice,  but  on  his  declining 
the  honor  Charles  Carroll  of  Carrollton  was  elected 
President  for  the  second  time.  It  seems  that  the 
two  friends  Stone  and  Carroll  were  opposed  on  the 
subject  of  the  bill  for  the  admission  and  qualifica- 
tion of  solicitors  and  attorneys.  And  on  the  25th 
of  December,  Christmas  Day,  the  Assembly  being 
in  session  on  the  holiday,  Charles  Carroll  of  Carroll- 
ton as  President  was  called  on  to  lay  before  the 
Senate  a  letter  enclosing  an  answer  of  Thomas 
Stone  to  Carroll's  "  Dissentient  "  filed  at  the  last 
session.  These  were  both  read,  and  a  motion  to 
refer  them  to  the  next  session  was  negatived.  A 
motion  was  then  carried  that  "  no  counter  protest 
shall  be  entered  on  the  records  of  the  Senate." 

Resolutions  of  the  House  were  afterwards  read 
respecting   purchasers   of  confiscated   British  prop- 


W' 


i-^ 


i 


\ 


mmm: 


■    I 
"     ,    ''I       f 


.1      I 


1 


u 


I  t 


I  i- 


^  ) 

I 

I   , 


I  I  ' 


78 


Charles  Carroll  of  Carrolllon. 


erty.  These  were  assented  to  with  the  following 
amendments:  '' Provided  X.\\dL.t  the  interest  due  on 
the  purchase  money  shall  be  paid  on  or  before  the 
1st  of  March  next,  Provided  also,  that  all  persons 
who  were  purchasers  of  any  of  the  property  sold  as 
aforesaid,  having  certificates,  shall  have  the  interest 
due  on  the  said  certificates  set  off  against  the  inter- 
est due  to  the  State,  to  the  amount  of  the  interest 
on  such  certificates."  Of  the  eight  Senators  present, 
seven  voted  in  favor  of  this  last  proviso.  The  one 
negative  vote  was  cast  by  the  President,  Charles 
Carroll  of  Carrollton.  The  House  sustained  the 
President  of  the  Senate  by  assenting  to  the  first 
amendment,  but  adding  that  they  could  not  adopt 
the  second,  "  with  respect  to  allowing  the  interest 
due  on  certificates  to  be  set  off  against  the  in- 
terest due  to  the  State."  They  considered  "  the 
injustice  in  this  case  to  be  equal  to  that  which  would 
ensue  from  a  general  admission  of  the  payment  of 
all  kinds  of  certificates  in  discharge  of  the  purchases 
of  British  property."  The  reply  of  the  Senate  to 
this  message,  which  was  agreed  to  by  all  except 
Charles  Carroll  of  Carrollton  and  Edward  Lloyd, 
declared  that  "  the  principle  of  the  amendment 
went  to  receiving  all  debts  due  the 
State  by  any  of  its  citizens,  in  discharge  of  all 
debts  due  by  the  State  to  its  citizens,"  and  they 
had  not  supposed  it  was  the  intention  of  the  House 
"  to  establish  a  preference  between  a  soldier's, 
officer's,  or  citizen's  evidence,  or  certificate  of  a 
debt."  ' 

1  Ibid. 


Address  to  Lafayette, 


79 


The  Legislature  of  Maryland  passed  an  act  at  this 
session  incorporating  Samuel  Hughes,  William  Au- 
gustine Washington,  Henry  Lee,  Charles  Carroll  of 
Carrollton  and  others,  under  the  name  of  **  the  Pro- 
prietors of  the  Susquehanna  Canal,"  for  the  purpose 
of  "  making  the  river  Susquehanna  navigable  from 
the  line  of  this  State  to  tide-water."  The  Company 
were  to  meet,  February  3,  1784,  at  Havre  de  Grace, 
to  elect  officers,  and  they  were  to  cut  a  canal  at 
Love  Island,  continuing  the  same  to  tide-water  in 
Susquehanna  River.' 

The  Assembly  now  began  to  have  but  one  session 
a  year,  as  there  were  no  extra  calls  on  them  from 
1783  to  1787,  when  a  second  session  was  required 
for  the  business  of  the  Federal  Convention.  On  the 
1st  of  November,  1784,  Thomas  Stone  was  the  one 
punctual  Senator,  when  the  Assembly  met,  and  un- 
til the  4th  he  was  the  only  one  who  made  his  ap- 
pearance, Charles  Carroll  of  Carrollton  joining  him 
on  that  day.  It  was  not  until  the  24th,  however, 
that  a  quorum  was  formed.  Charles  Carroll  then 
resigned  his  office  of  President  of  the  Senate,  and 
George  Plater  was  elected.  The  new  Governor  of 
Maryland,  elected  at  this  time,  was  William  Paca. 
Charles  Willson  Peale's  portrait  of  Washington, 
which  had  been  ordered  by  the  Assembly  in  1781, 
was  finished,  and  hung  up  in  the  Senate  Chamber 
in  1784. 

An  address  was  to  be  prepared  by  a  joint  com- 
mittee of  both  Houses,  to  be  presented  to  General 
Lafayette,  and  John  Henry,  Charles  Carroll  of  Car- 
'  Laws  of  Maryland,  1783. 


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CJiarles  Carroll  of  Carrollton. 


rollton,  and  Daniel  Carroll  were  the  Senators  ap- 
pointed for  this  purpose,  while  Charles  Carroll  was 
the  Senator  selected  to  unite  with  the  delegation 
from  the  House  who  were  to  present  the  address. 
There  was  a  conference  of  the  two  Houses  to  con- 
sider the  proposed  alteration  in  the  8th  Article  of 
the  Confederation,  making  the  number  of  inhabi- 
tants, under  certain  modifications,  the  measure  of 
the  contribution  of  each  State,  and  Charles  Carroll 
of  Carrollton  was  one  of  the  Senate  conferrees. 

The  scheme  for  opening  and  extending  the  navi- 
gation of  the  Potomac  occupied  the  attention  of  the 
Assembly  at  this  session,  and  members  of  each 
House  were  appointed  to  confer  with  commissioners 
from  Virginia,  on  this  subject.  The  Senators  nomi- 
nated were  Thomas  Stone,  Samuel  Hughes,  and 
Charles  Carroll.  The  conference  took  place  at  An- 
napolis, the  22d  of  December,  and  Generals  Wash- 
ington and  Gates  represented  Virginia's  interests, 
Washington  being  chairman  of  the  meeting.  Reso- 
lutions were  adopted,  to  be  submitted  to  the  Legis- 
latures of  Virginia  and  Maryland,  which  resulted  in 
the  act  passed  some  days  later,  establishing  anew 
the  Potomac  Company,  which  had  been  suffered  to 
languish  during  the  Revolution.  General  Washing- 
ton was  chosen  President  of  the  Potomac  Company, 
and  Virginia  and  Maryland  each  were  to  subscribe 
for  fifty  shares  of  its  stock.  A  road  was  to  be  built 
forty  miles  in  length,  from  the  headwaters  of  the 
Potomac  to  those  of  the  Ohio  and  the  two  States 
were  to  direct  a  survey  of  this  route.' 

'  Pickell's  "  History  of  the  Potomac  Company,'  pp.  44,  64. 


is 


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Commercial  Compact  Secured. 


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AcomtTiittce  from  both  Mouses  was  appointed  on 
tlie  31st  of  December,  to  confer  on  several  matters 
of  importance,  notably,  the  most  effectual  means  of 
carrying  into  effect  the  act  of  Congress  imposing 
the  duty  of  five  per  cent.,  and  the  acts  for  the  ap- 
pointment of  delegates  to  regulate  the  trade  of  the 
United  States,  and  the  proper  powers  to  be  vested 
in  them. 

The  following  protest  was  made  by  Charles  Car- 
roll of  CarroUton,  January  13th,  against  the  *' Act 
to  establish  funds  to  secure  the  pa)'ment  of  the 
State  debt  within  six  years,  and  for  the  punctual 
payment  of  the  annual  interest  thereon  "  : 

"  Dissentient :  Because  the  credit  of  five  years  allowed 
to  the  purchasers  of  confiscated  British  property  is  too 
long,  considering  the  indulgence  which  hath  been  already 
given,  and  the  facility  of  paying  afforded  them  by  the 
bill,  in  permitting  all  kind  of  certificates  to  be  received 
as  specie  in  payment  of  their  purchases. 

Because  the  suffering  without  good  cause  so  large  a 
part  of  the  principal  of  the  State  debt  to  remain  unpaid 
for  five  years,  is  sacrificing  unreasonably  the  interest  of 
the  creditors  of  the  State  to  the  convenince  and  ease  of 
its  debtors,  and  exhibits  an  awkward  and  bungling 
scheme  of  finance,  by  protracting  unnecessarily  the  re- 
ceipt of  interest  from  the  debtors,  and  the  payment  of 
interest  to  its  creditors,  both  which  operations,  might 
cease  two  years  sooner  on  the  extinguishment  of  the 
principal  of  the  debt,  or  in  proportion  to  that  extin- 
guishment. 

Because  good  policy  requires,  that  a  State  should  not 
defer  to  a  longer  period  the  payment  of  its  debts,  when 
they  might  without  oppression  be  cancelled  in  a  shorter. 

VOL.   II — 6 


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Charles  Carroll  of  Carrollton. 


Because  no  reason  has  been  assigned  for  allowing  five 
years  credit  to  the  purchasers  aforesaid,  other  than  the 
mere  will  of  the  House  of  Delegates,  the  dictates  of 
which,  if  unsupported  by  argument,  ought  not  to  induce 
the  Senate,  contrary  to  their  judgment,  to  assent  to  a 
bill,  i)artial  in  its  operations  and  injurious  in  its  conse- 
quences, especially  as  the  strongest  presumption  arises, 
that  when  no  good  reasons  are  adduced  in  support  of  a 
favorite  measure,  the  promoters  of  it  are  actuated  by 
motives  improper  to  be  avowed. 

Charles  Carroll  of  Carrollton.'" 

Intimately  connected  with  the  project  of  opening 
and  extending  the  navigation  of  the  Potomac  River, 
were  the  questions  still  unadjusted,  of  the  jurisdic- 
tion of  this  river  and  the  Pocomoke,  the  boundary 
streams  between  Maryland  and  Virginia,  and  the 
jurisdiction  of  Chesapeake  Bay,  with  the  regulation 
of  tolls,  etc.  Four  Commissioners  were  appointed 
by  the  Maryland  Assembly,  at  this  session,  to  meet 
Commisioners  from  Virginia  and  draw  up  regula- 
tions for  these  purposes.  The  instructions  of  the 
Marylanders  were  to  be  prepared  by  a  joint  com- 
mittee of  both  Houses,  and  the  Senators  selected  to 
draft  them  were  Charles  Carroll  of  Carrollton, 
Daniel  Carroll  and  George  Gale.  The  Commission- 
ers named  were  Thomas  Johnson,  Thomas  Stone, 
Samuel  Chase,  and  Daniel  of  St.  Thomas  Jenifer, 
and  they  were  to  meet  such  Commissioners  as  Vir- 
ginia should  appoint,  at  Alexandria,  on  the  21st  of 
March  next,  or  at  any  other  time  and  place  more 

'  yoto-nal  of  till'  Maryland  Senate. 


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Ba)ik  Stock  Controversy. 


8 


convenient  to  tlie  Virginians.  Tiiis  Commission  or 
Convention  met  at  Alexandria,  Virginia,  and  ad- 
journed to  "  Mount  Vernon  "  ;  and  there  the  com- 
mercial compact  was  consummated  between  Mary- 
land and  Virginia,  which  was  the  first  step  in  the 
process  that  led  to  the  Convention  of  1787,  with  the 
resulting  changes  in  the  character  of  the  union  be- 
tween the  Thirteen  States  effected  by  the  Federal 
Constitution. 

Thomas  Stone,  not  satisfied  with  the  verdict  of 
the  preceding  session  on  the  rejection  of  his  answer 
to  Charles  Carroll's  "  Dissentient,"  brought  tie  mat- 
ter  up  again  at  this  time.  Having  explained  that 
he  had  been  called  from  the  Senate  at  its  spring  ses- 
sion of  1783,  by  urgent  business,  before  he  could  do 
more  than  give  notice  of  his  intention  to  protest, 
and  been  disabled  by  sickness  from  attending  the  fall 
session,  his  plea  was  allowed,  and  his  "  Answer  to  the 
Protest  of  the  Hon.  Charles  Carroll  of  Carrollton  " 
was  entered  on  the  Senate  records.  It  takes  up 
five  and  a  half  of  the  journal's  quarto  pages.  It 
was  then  agreed  that  Charles  Carroll  should  have 
the  privilege  of  making  a  reply. 

While  thus  divided  in  opinion  with  his  former 
ally,  Thomas  Stone,  Charles  Carroll  saw  himself 
forced  to  take  up  a  position  of  antagonism  to  an- 
other early  political  friend  and  colleague,  Samuel 
Chase.  This  was  in  connection  with  the  latter's 
agency  in  England  to  adjust  the  controversy  over 
the  bank  stock.  Letters  from  Chase  were  read  in  the 
Senate  on  the  30th  of  November,  and  referred  to 
the  House,  Charles  Carroll  being  appointed  to  carry 


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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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Charles  Carroll  of  Carrollton. 


\   \ 


them  there.  A  few  days  later  a  resolution  came 
from  the  House  of  Delegates  testifying  their  ap- 
proval of  the  conduct  of  the  State's  agent.  But 
when,  on  the  14th  of  September,  the  Senate  voted 
to  concur  in  this  resolution,  there  were  two  dissent- 
ing voices  heard,  those  of  Charles  Carroll  of  Carroll- 
ton,  and  Edward  Lloyd.  Mr.  Chase  then  appeared 
in  the  Senate,  and  answered  questions  that  were  put 
to  him  respecting  the  bank  stock.  On  the  30th  of 
December  there  was  a  conference  between  the  two 
Houses  on  the  act  of  Assembly  concerning  the 
Bank  of  England,  and  the  most  eligible  plan  for 
recovering  the  stock,  and  Thomas  Stone,  Charles 
Carroll  of  Carrollton,  Daniel  Carroll  and  William 
Hindman  were  the  Senate  conferrees.  The  resolu- 
tion respecting  Samuel  Chase  was  finally  made  the 
oruer  of  the  day  for  January  14th,  but  it  was  then 
postponed,  and  a  message  was  sent  to  the  House, 
Charles  Carroll,  Daniel  Carroll,  and  Edward  Lloyd 
voting  against  it.     The  message  said  : 

"  Gentlemen,  .  .  .  We  will  agree  to  a  resolve  to 
advance  to  Mr.  Chase  the  sum  of  ;^5oo  on  account  of 
the  bank  stock,  to  be  applied  to  the  payment  of  the  agent's 
commission,  if  the  bank  stock  or  part  of  it  is  received  ; 
and  if  no  part  of  the  bank  stock  is  received  upon  which 
the  agent  is  to  draw  a  commission,  then  to  be  accounted 
for." 

The  two  Carrolls  and  Edward  Lloyd  gave  notice 
that  they  would  protest  against  this  message. 
When  the  order  of  the  day  was  resumed,  the  reso- 
lution approving  of  Samuel  Chase's  agency  was  read 


'iri 


Li  .liJ. 


Maryland's  Agent  Censured. 


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House, 
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a  second  time  and  dissented  to.  The  resolution  to 
advance  five  hundred  pounds  to  Mr.  Chase  was 
determined  in  the  negative,  by  a  majority  of  one, 
Charles  Carroll,  of  course,  opposing  it.  The  protest 
against  the  message  of  the  14th  was  read  in  the 
Senate,  January  17th. 

Dissentient^  Because  the  message  holds  up  an  opinion 
that  the  agency  of  Mr.  Chase  is  still  in  continuance,  and 
that  he  is  entitled  to  draw  a  commission  of  four  per  cent, 
on  the  bank  stock,  whenever  it  shall  be  received  ;  an 
opinion  we  conceive  to  be  erroneous,  as  we  apprehend 
the  law  not  to  be  now  in  force,  under  which  he  was 
appointed  and  commissioned,  that  law  being  of  a  tempo- 
rary nature,  and  confined  to  objects  not  now  attainable, 
without  a  communication  of  new  and  more  ample 
powers. 

The  only  powers  given  to  the  late  agent,  by  the  act  of 
April  session  1783,  are  reducible  to  these:  A  power  to 
call  on  the  former  trustees  of  the  bank  stock  to  surrender 
up  to  him  their  trust,  and  to  render  an  account  of  the 
faithful  execution  thereof,  to  transfer  and  assign  to  the 
agent,  or  his  assigns,  the  whole  of  the  bank  stock,  and  to 
account  for  and  pay  unto  him  any  dividends,  not  invested 
in  stock,  and  on  payment,  or  receipt,  to  pay  the  trustees 
their  commission  and  give  them  a  discharge  or  acquit- 
tance. These  were  the  principal  objects  of  the  law  ; 
the  other  powers,  thereby  imparted,  viz.,  to  sell  the  bank 
stock,  to  place  the  money  in  a  banker's  hands,  and  to 
pay  certain  bills  of  exchange,  were  entirely  dependent 
on  the  agent's  receiving  a  transfer  of  the  bank  stock,  and 
without  such  transfer  being  made  to  him,  could  not  be 
executed. 

The  usual  words  in  conferring  a  power  to  sue,  are  not 


\  < 


ill 


'  i\ 


86 


Charles  Carroll  of  Carrollton. 


'i! 


to  be  met  with  in  the  act  ;  and  the  omission  of  them  is 
accounted  for  by  the  agent,  who  has  admitted,  that 
neither  the  Legislature,  or  he  himself,  who  was  a  mem- 
ber of  it,  who  probably  drew,  or  took  a  principal  part  in 
drawing  the  bill,  had  in  view  at  the  time  the  propriety  or 
necessity  of  suing  the  trustees,  or  foresaw  that  a  suit 
would  be  instituted  by  any  one  of  them  against  the 
agent. 

From  the  omission  in  the  act  of  the  usual  words, 
demand,  sue  and  recover,  and  from  the  intention  of  the 
Legislature,  as  admitted  by  the  agent,  we  infer  that  no 
authority  was  given  to  him  by  the  act  to  sue  the  trustees, 
to  obtain  a  transfer  of  the  bank  stock.  If  then  the  agent 
had  no  authority  to  sue,  a  naked  power  only  was  imparted 
to  him,  to  call  on  the  trustees  to  surrender  up  their 
trust,  and  transfer  to  him  the  bank  stock  ;  this  he  re- 
peatedly required  one  of  the  trustees  to  perform,  and 
his  request  was  as  often  evaded,  or  denied  by  that 
trustee. 

No  power  of  compromising,  or  of  sueing,  having  been 
entrusted  to  the  agent,  it  should  seem,  that  when  a  irans- 
fer  of  the  bank  stock  had  been  refused,  except  upon 
conditions,  which  he  was  not  authorised  to  accept,  the 
object  of  his  commission  was  at  an  end.  It  may  indeed, 
and  has  been  contended,  that  the  agent  might  return 
again  to  London  and  make  another  application  for  a 
transfer  of  the  bank  stock,  and  on  payment  give  a  dis- 
charge, and  that  therefore  the  act,  under  which  he  was 
appointed,  is  still  in  force. 

Every  construction  given  to  an  act  of  the  Legislature 
ought  to  be  reasonable  ;  is  the  construction  contended 
for,  to  prove  the  act  to  be  in  force,  a  reasonable  one  ? 
Would  the  agent  act  rationally  in  returning  to  London 
to  apply  again  for  a  transfer  of  the  stock,  without  com- 


''!^ 


His  Commission  Not  in  Force. 


87 


patent  powers  to  enforce  the  application  ?  Could  the 
General  Assembly  reasonably  require  him  to  undertake 
a  second  voyage  on  so  fruitless  an  errand  ? 

The  agent  having  exceeded  his  power  in  filing  a  bill 
in  the  English  Court  of  Chancery  against  the  trustees, 
and  other  claimants  of  the  stock,  to  obtain  a  partial 
transfer  of  it,  and  being  disappointed  in  the  expectation, 
that  a  partial  transfer,  at  least,  would  be  decreed  by  the 
Chancellor  to  be  made  to  him,  considered  his  agency  as 
closed,  and  has  pointedly  delivered  this  sentiment  in  his 
letter  from  London  to  the  Governor,  of  the  14th  of 
August  last  in  these  words  :  "  Enclosed  is  a  copy  of  my 
letter  to  Mr.  Pitt,  and  of  my  instructions  to  my  solicitors 
respecting  their  management  of  my  suit  against  the 
trustees  and  other  claimants  of  the  stock,  until  they  receive 
the  directions  of  the  General  Assembly.  Having  thus  cofi- 
cluded  my  agency,  I  shall  leave  this  city  on  Monday  next 
for  Deal,  where  I  shall  immediately  embark  for  An- 
napolis." 

If  the  law  in  question  hath  expired,  and  to  recover 
the  bank  stock,  it  should  be  necessary  to  appoint,  by  a 
new  law,  another  agent,  or  reappoint  the  same  person, 
with  more  ample  powers,  the  quantum  of  the  commission 
to  be  avowed  such  agent,  would  of  course  come  under 
the  consideration  of  the  Legislature,  and  the  Senate 
might  then  exercise  its  judgment  in  fixing  the  rate  of 
such  commission,  which  it  will  be  precluded  from  doing, 
as  matters  are  now  conducted.  Admitting  the  agent's 
commission,  still  to  be  in  force,  the  advance  of  money  is 
improper ;  the  agent  having  voluntarily  undertaken  the 
agency,  knowing  that  the  Governor  and  the  Council  were 
empowered  to  allow  a  commission,  not  exceeding  four 
per  cent  on  the  net  sum  to  be  received  by  him  in  full 
satisfaction  for  his  trouble,  and  that  no  expenses  were  to 


11! 


> .  I 


••II 


f;; 


III 


>   1 


'4 
if 


88 


Charles  Carroll  of  Carrollton. 


be  defrayed  by  the  State,  in  case  the  bank  stock  could 
not  be  obtained,  and  being  apprised  that  the  Governor 
and  the  Council  gave  him  the  full  commission  in  con- 
sideration of  the  risk,  and  the  expenses  he  might  be 
subjected  to  in  the  execution  of  his  trust. 

Charles  Carroll  of  Carrollton, 

Danikl  Carroll, 
Edward  Llovd.' 

The  Non-Juror's  Bill,  or  the  "  act  to  repeal  part  of 
an  act  for  the  better  security  of  government,"  di- 
vided the  House  and  Senate  at  this  session.  The 
bill  was  to  remove  the  disability  of  non-jurors,  and 
while  the  House  favored  it  the  Senate  refused  to 
pass  it.  Charles  Carroll  of  Carrollton  was  the  O'lly 
member  who  voted  in  the  affirmative  on  its  «;.'Cond 
reading.  The  act  was  in  line  with  the  liberal  policy 
he  had  always  advocated  in  regard  to  the  Tories, 
and  he  did  not  hesitate  to  stand  alone,  among  his 
colleagues  in  the  Senate,  in  support  of  it.  When 
the  bill  was  returned  to  the  House,  the  latter  re- 
sponded, that  they  were  not  able  to  conjecture  the 
reasons  that  influenced  the  Upper  Chamber  in  its 
action  ;  that  they  had  favored  the  measures,  to  al- 
low non-jurors  to  hold  office  and  vote  at  elections, 
from  principles  both  of  humanity  and  policy,  but 
would  recede  from  the  first-mentioned  provision  if 
the  Senate  would  consent  to  the  second.  A  com- 
mittee of  three,  including  Thomas  Stone  and  Daniel 
Carroll,  was  appointed  by  the  Senate  to  answer  this 
message.  When  the  reply  was  prepared  and  put  to 
the  vote,  Charles  Carroll  was  again  the  single  mem- 

'  Ibid. 


Tory  Disabilities  Discussed. 


89 


ber  voting  against  the  majority.  The  message, 
which  was  two  pages  long,  said,  in  part :  *'  We  can 
see  no  benefit  at  present  to  be  derived  to  the  pros- 
perity of  the  State,  from  adopting  ideas  which  you 
are  pleased  to  call  humane^  but  apprehending  cir- 
cumstances may  take  place,  in  which  the  pernicious 
effects  of  your  ill-judged  tenderness  would  soon  ap- 
pear, we  cannot  coincide  with  you  in  the  proposed 
display  of  liberality." 

The  British  occupation  of  the  western  posts,  the 
Senate  argued,  was  a  menace  to  the  United  States, 
and  the  Tories  should  not  expect  exemption  from 
their  political  disabilities  while  this  was  the  condition 
of  affairs:  "  When  the  Treaty  of  Peace  is  fully  exe- 
cuted, the  Federal  Government  strengthened,  and 
we  shall  receive  satisfactory  proof  of  the  attachment 
of  the  non-jurors  to  our  Constitution,"  then,  added 
the  Senate,  we  will  pass  the  bill.  The  House  re- 
plied to  this  in  a  long  message.  "  As  Your  Hon- 
ors," they  said,  "  stated  the  reasons  which  influenced 
your  conduct,  without  any  expectation  that  they 
would  have  any  weight  with  us,  you  cannot  be  of- 
fended with  our  assuring  you,  that  your  opinion  was 
well-founded ;  and  we  are  inclined  to  believe,  that 
your  reasons  were  calculated  rather  to  alarm  the 
pride  and  passions  of  our  constituents,  than  convince 
their  judgment."  A  tart  and  sarcastic  rejoinder 
went  in  return  from  the  Senate,  January  22d,  ap- 
proved of  by  all  the  members  except  Charles  Carroll 
of  Carrollton.  They  made  the  most  of  an  alleged 
error  of  the  House,  as  to  a  portion  of  the  bill  which 
they  wished  repealed,  being  void  already : 


'    I 


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90 


Charles  Carroll  of  Carrollton. 


"  Gentlemen,  Having  been  much  instructed  by  the 
matter,  and  duly  impressed  with  gratitude  for  the  man- 
ner of  your  very  polite  answer  to  our  message  of  the  19th 
of  this  month,  we  cannot  refrain  from  congratulating  you 
upon  the  happy  discovery  made  yesterday,  that  the  very 
part  of  the  act  referred  to  is  void,  which  but  a  few  days 
before  you  pressed  for  a  repeal  of  with  much  seeming 
earnestness.  .  .  .  However  this  matter  ends,  great 
credit  must  be  allowed  you  for  your  humanity,  liberality 
and  wisdom,  but  above  all,  for  the  great  and  generous 
mind  you  discover  in  shifting  your  position  with  so  much 
facility,  after  the  first  attempt  to  accomplish  your  very 
laudable  views  has  not  met  with  merited  success,  owing 
to  the  opinion  of  this  House,  unhappily  dictated  by  the 
extremity  of  folly."  ' 

The  English  of  this  paragraph  of  the  Senate's 
message  is  certainly  far  removed  in  style  from  that 
to  be  found  in  the  messages  penned  by  Charles  Car- 
roll of  Carrollton. 

The  session  of  the  Assembly  which  opened  in  No- 
vember, 1785,  w^as  a  long  one,  extending  to  the  12th 
of  March,  1786.  As  usual,  Charles  Carroll  was 
promptly  in  his  seat,  but  he  was  obliged  to  wait  ten 
days,  from  the  7th  to  the  17th,  before  a  quorum  was 
obtained.  General  Smallwood  was  elected  Gov- 
ernor. And  among  the  subjects  occupying  the  at- 
tention of  the  Senate  was  the  measure  so  strongly 
advocated  by  Charles  Carroll  at  a  previous  session, 
the  provision  of  permanent  salaries  for  the  members 
of  the  Judiciary.  Daniel  Carroll,  Thomas  Stone, 
and  Charles  Carroll  of  Carrollton  were  appointed  a 

'  Ibid. 


\ 


Assembly  Bills  Discussed. 


91 


committee  to  prepare  a  message  to  the  House,  say- 
ing that  the  Senate  deemed  it  the  duty  of  the  Legis- 
lature to  pass  such  a  bill  at  this  time.  Thomas 
Stone,  Charles  Carroll  and  one  other  member  were 
appointed  a  committee,  the  12th  of  December,  to 
prepare  a  message  to  go  to  the  House  of  Delegates, 
declining  a  conference  on  the  subject  of  Henry  Har- 
ford's memorial,  asking  compensation  for  his  losses 
as  late  Proprietary.  The  Senate  thought  a  confer- 
ence needless,  and  that  Mr.  Harford  should  receive 
no  compensation. 

Charles  Carroll  of  Carrollton  was  then  made 
chairman  of  a  committee  to  write  a  message  to  the 
House  on  the  subject  of  enlarging  the  High  Court 
of  Chancery.  The  House  proposed  a  conference  on 
the  subject,  and  Thomas  Stone,  Charles  Carroll,  and 
William  Perry  were  named  the  Senate  conferrees. 
Other  committees  upon  which  Charles  Carroll  was 
placed  were :  that  for  amending  the  bill  preventing 
the  exportation  of  unmerchantable  tobacco ;  that 
for  ascertaining  the  value  of  land  in  the  several  coun- 
ties for  purposes  of  assessment ;  and  that  for  draft- 
ing the  bill  for  the  valuation  of  personal  property. 
When  a  motion  was  made  and  carried,  that  the  act 
to  direct  descents  be  read  a  second  time,  Charles 
Carroll  voted  in  the  negative,  and  he  voted  for  the 
motion  that  the  consideration  of  the  bill  be  put  off 
to  the  next  session,  and  that  it  be  published  in  the 
Baltimore  and  Annapolis  papers. 

The  bill  to  repeal  part  of  the  Act  of  Assembly 
concerning  the  admission  and  qualification  of  solici- 
tors and  attorneys,  was  brought  in  by  Charles  Car- 


!.r 


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j''. 


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1 

.! 

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L. 

92 


Charles  Carroll  of  Carrollton. 


roll  of  Carrollton  at  this  session.  And  on  the  subject 
of  the  bank  stock,  the  Senate  sent  a  message  to  the 
House  agreeing  that  the  State  pay  all  legal  costs, 
and  the  fees  paid  or  to  be  paid,  by  the  State  agent, 
Mr.  Chase,  to  attorneys,  counsel,  etc.,  in  the  suits  in 
the  High  Court  of  Chancery  of  Great  Britain  re- 
specting the  bank  stock,  the  five  hundred  pounds  al- 
ready advanced  the  State  agent  being  first  applied 
to  these  purposes.  On  this  message,  the  President 
of  the  Senate,  Daniel  Carroll,  with  Charles  Carroll 
of  Carrollton  and  Edward  Lloyd  voted  in  the  nega- 
tive. The  House  and  Senate  were,  as  usual,  at  issue 
on  various  questions ;  amongst  others  the  proposed 
commercial  convention  between  Maryland,  Virginia, 
Pennsylvania,  and  Delaware,  the  Senate  thinking 
such  a  Convention  derogatory  to  the  dignity  of 
Congress. 

In  the  messages  from  the  Senate  to  the  House  of 
Delegates,  Charles  Carroll  of  Carrollton  was  gener- 
ally on  the  committee  to  draft  them.  There  was 
the  customary  sensitiveness  on  the  subject  of  money 
bills,  between  the  two  branches  of  the  Legislature. 
"  We  are  fully  satisfied,"  the  Senators  say  on  one 
occasion,  "  no  inconvenience  or  mischief  would  arise 
if  the  Senate  could  not  only  amend,  but  originate 
money  bills  ;  but  the  framers  of  our  Constitution 
have  thought  differently."  And  they  complain  of 
the  embarrassment  and  delay  caused  in  the  public 
business,  from  the  Senate's  not  having  the  right  to 
amend  money  bills ;  "  we  shall  be  very  careful," 
they  add,  "  how  we  subscribe  to  the  doctrine,  that 
the  bills  which  you  may  be  pleased  to  style  money 


Act  to  Emit  Paper  Money. 


93 


bills,  become  really  such  on  that  account."  On  the 
6tii  of  March  the  act  was  passed  investing  the 
United  States  in  Congress  assembled,  with  the  power 
to  levy  particular  duties,  for  the  use  of  the  United 
States,  on  certain  enumerated  articles,  and  five  per 
cent,  on  all  other  foreign  merchandise  imported  into 
Maryland.' 

The  Senate  met  again  for  the  regular  fall  session, 
on  the  6th  of  November,  1786,  but  it  was  not  until 
the  30th  that  a  sufficient  number  of  members  were 
present  to  transact  business.  General  Smallwood 
was  re-elected  Governor  of  the  State,  and  elections 
were  made  in  the  Senate  and  for  delegatfj  in  Con- 
gress. Then  for  two  months  the  two  branches  of 
the  Legislature  disputed  over  the  various  questions 
that  divided  them  ;  the  Supply  Bill,  the  Debtor's  Bill, 
and  last  but  not  least,  the  bill  for  the  emission  of 
paper  money.  It  was  at  this  session  also,  that  the 
commissioners  were  to  be  elected  to  the  Convention 
in  Philadelphia.  Edmund  Randolph,  the  Governor 
of  Virginia,  sent  a  letter  to  the  Maryland  Assembly 
proposing  this  Convention  "to  revise  the  Confedera- 
tion of  the  United  States,"  and  a  conference  took 
place  between  the  House  and  the  Senate  on  the 
subject.  The  Senate  conferrees  were  Thomas  Stone, 
Charles  Carroll  of  Carrollton,  and  William  Hemsley. 
On  the  2d  of  December  the  "  Act  for  the  Emission 
of  Bills  of  Credit "  was  read  a  second  time  and  unani- 
mously rejected.  Thomas  Stone,  Charles  Carroll 
of  Carrollton,  and  Richard  Ridgely  were  appointed 
a  committee  to  prepare  a  message   to  the  House 

'  Journal  of  the  Maryland  Senate. 


i 


1 


; 


94 


Charles  Carroll  of  Carrollton. 


w 


I    ; 


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?: 


!  I 


; 


giving  the  Senate's  reasons  for  this  action.  This 
message  fills  five  pages  of  the  printed  journal.  It 
said  in  part : 

• 

"  Both  reason  and  experience  evince  that  if  the  bills 
of  credit  proposed  to  be  emitted  should  depreciate  con- 
siderably, they  will  neither  relieve  the  people,  or  answer 
the  exigencies  of  government,  but  will  increase  the  diffi- 
culty on  both  to  procure  real  money,  by  adding  an  arti- 
cle of  purchase  to  those  which  are  already  the  objects 
of  sale.  .  .  .  Your  bill  would  derange  our  commerce, 
banish  specie.  The  cautious  and  timid  would  hoard  it 
up.  Considered  with  a  view  to  commerce  as  well  as 
finance,  it  appears  not  only  useless  but  injurious.  .  .  . 
The  foregoing  reasons  are  particularly  pointed  at  your 
bill  ;  some  of  them  indeed  apj)ly  against  paper  money 
in  general,  as  a  circulating  medium  ;  but  as  the  sinking 
our  quota  of  the  federal  domestic  debt  is  an  object  of 
great  importance,  if  any  funds  can  be  provided  to  give 
a  value  to  State  paper,  to  be  exchanged  for  the  liquidated 
paper  of  Congress,  at  a  reasonable  rate,  the  exchange  to 
be  voluntary  with  the  holder  of  the  continental  paper, 
and  the  State  paper  to  be  made  receivable  for  the  funds 
pledged,  but  not  to  affect  the  public  engagements,  pri- 
vate dealings,  or  the  other  revenue  of  the  State,  we 
would  agree  to  adopt  such  a  measure." 

The  Senate  admitted,  in  their  message,  that  the 
situation  of  the  country  was  critical,  and  they  pro- 
posed that  the  duties  on  imports  should  be  increased, 
and  that  a  moderate  direct  tax  be  raised  in  specie. 
On  the  6th  of  January  the  House  of  Delegates  sug- 
gested an  adjournment  to  the  20th  of  March. 
Thomas  Stone,  John  Henry,  Charles  Carroll,  and 


■V 


Senate  Rejects  the  Bill. 


95 


two  other  members  were  appointed  a  committee  to 
reply  to  this  proposal.  They  perceived,  they  said, 
with  "inexpressible  regret,"  that  the  House  was  de- 
termined to  adjourn,  after  a  session  of  eight  weeks, 
when  the  Continental  Treasury  was  empty,  and  no 
assessment  bill  had  been  passed  to  raise  the  money 
needed  for  both  State  and  Federal  ^;  nposes  ;  no 
steps  had  been  taken  to  raise  a  troop  o{  horse,  as 
required  by  Congress,  and  the  dcpn'-ies  to  mee*-  in 
Philadelphia  had  not  been  appoint^a  :  "  We  cannot 
accoii,  t  for  your  postponing  the  coiijid^^ration  of 
these  great  and  interesting  subjects,  and  your  ad- 
journment to  the  20th  of  March,  unless  it  be  to  ap- 
peal to  the  people  upon  the  bill  for  an  emission  of 
paper  money  which  we  rejected."  After  speaking 
of  the  other  measures  on  which  they  disngreed,  the 
message  says,  of  the  bill  above  referred  to : 

"  We  are  satisfied  that  the  bjections  to  the  bill  are 
unanswerable,  and  that  if  the  sense  of  the  people  could 
be  fairly  collected,  the  majority  would  be  against  the 
measure.  We  are  also  convinced  that  the  majority 
would  increase,  if  time  were  given  to  discuss,  under- 
stand, and  form  a  right  judgment  on  the  subject.  You 
propose  to  adjourn  to  a  time  so  short  that  it  is  impossi- 
ble a  deliberate  consideration  of  the  question  and  free 
interchange  of  sentiments  can  take  place." 

This  message  was  sent  the  20th  of  January,  the 
day  of  the  proposed  adjournment,  and  the  House 
rejoined  promptly : 

"The  length  of  your  message  and  the  communication 
of  it  within  a  few  hours  only  of  the  proposed  time  for 


'Fi 

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96 


Charles  Carroll  of  Carrollton. 


closing  the  session,  prevents  us  from  making  full  obser- 
vations upon  it.  We  shall  only  say  in  reply,  that  we 
have  paid  every  possible  attention  to  the  public  affairs 
of  the  Union,  and  the  interest  and  happiness  of  our 
people.  You  have  thought  proper  to  overrule  every 
material  system  proposed  by  us  for  these  purposes,  and 
have  brought  forward  nothing  essential  in  their  stead. 
The  people  must  decide  upon  our  conduct  and  yours, 
as  to  the  utility,  policy  and  rectitude  of  the  systems 
respectively  proposed  ;  and  we  trust  we  can  meet  our 
God  and  our  country  with  consciences  as  quiet  and  un- 
disturbed as  your  own.  We  repeat  our  request  to  close 
this  session  this  evening." 

The  Senate  replied,  saying  that  the  "  system  of 
an  emission  of  paper  money,  the  only  one  proposed 
by  the  House,  was  utterly  incompetent  to  afford  the 
relief  desired,"  and  reminding  the  Representatives 
that  it  was  not  the  province  of  the  Senate  "  to  point 
out  ways  and  means  of  raising  money."  The  Senate 
then  ordered  that  one  thousand  copies  each  of  the 
messages  on  the  subject  of  the  emission  of  paper 
money  be  printed  to  be  distributed  among  the  peo- 
ple, and  the  Assembly  soon  afterward  adjourned, 
but  to  the  20th  of  April  instead  of  the  20th  of  March, 
extending  the  time  for  the  consideration  of  the 
question  at  issue  one  month.* 

How  this  agitation  in  the  Assembly  affected  the 
people  in  the  State,  is  shown  in  a  letter  written  by 
Robert  Lemmon,  a  prominent  merchant  of  Balti- 
more, to  Councillor  Carter  of  Virginia,  March  5th, 
1787.     Charles  Carroll  of   Carrollton  also  refers  to 

'  Ibid. 


^w  \ 


opposition  in  the  State. 


97 


this  matter  in  a  letter  of  his  written  about  the  same 
time. 


"  Our  dispute  respecting  an  emission  of  paper  money 
runs  very  high.  You  have,  I  suppose,  heard  of  the  great 
differences  upon  that  subject,  between  the  two  branches  of 
our  Legistature — how  they  adjourned  without  doing  any 
business  of  consequence  after  a  session  of  two  months. 
The  opponents  are  daily  increasing,  and  I  am  inclined  to 
think  if  an  emission  takes  place,  it  will  be  for  a  small 
sum.  The  schemes  of  designing  men  being  daily  dis- 
closed, creates  a  greater  opposition  and  discovers  a  large 
emission  to  be  intended  to  serve  private,  rather  than 
public  usefulness."  ' 

When  the  Legislature  met  in  April,  its  two  great 
objects,  said  the  House  in  a  message  to  the  Senate, 
were  *'  the  raising  of  supplies  for  Congress  and  this 
government,  and  the  relieving  of  our  people  with 
respect  to  their  difficulties  and  distresses  on  account 
of  their  private  debts."  The  House  was  to  under- 
take the  first-named  measure,  and  the  Senate 
was  asked  to  draw  up  the  Debtor's  Bill.  John 
Henry,  Charles  Carroll  of  Carrollton,  and  John  Hall 
were  appointed  a  committee  by  the  Senate  to 
answer  this  message,  and  in  their  reply  they  said 
they  thought  the  work  of  drawing  up  an  act  for  the 
relief  of  debtors,  "  without  interfering  with  the  con- 
tracts  of  individuals,"  was  one  of  great  difficulty, 
and  they  proposed  a  joint  conference  on  the  subject. 
The  House  assented  and  nominated  members  for 
the    purpose,   the    Senate    selecting  as   conferrees 

'  Carter  Papers,  owned  by  Charles  P.  Keith. 

VOL.    II— 7 


98 


Charles  Carroll  of  Carrollton. 


I 


I 


ili 


s.   ■ 


i.  •:! 


ii 


I: 


II 


1  . 


Charles  Carroll,  John  Hall,  and  William  Perry,  and 
Richard  Ridgely  was  added  later.  The  report  of 
this  conference  was  brought  in  by  Charles  Carroll 
of  Carrollton,  and  it  stated  that  it  was  the  opinion 
of  the  conferrees  "that  the  instalment  of  private 
debts  is  a  measure  at  this  time  necessary,"  and  "  that 
the  creditor  should  be  obliged  to  accept  of  the 
proposed  instalment  from  the  debtors."  Then  fol- 
lowed fourteen  provisions  for  carrying  out  the  plan 
advocated.  The  law  to  repeal  acts  repugnant  to 
the  Treaty  of  Peace  with  Great  Britain  was  put  into 
the  hands  of  a  committee  of  three,  George  Gale, 
Charles  Carroll,  and  John  Hall,  and  Charles  Carroll 
of  Carrollton  was  named  first  on  the  committee  of 
three  who  were  to  prepare  a  message  to  go  with  the 
bill  to  the  House.  The  bank  stock  difficulty  was 
approaching  solution  at  this  time,  the  Legislature 
resolving  that  the  agent  of  the  State  for  the  recovery 
of  the  bank  stock,  might  with  the  approbation  of 
Governor  Smallwood,  Charles  Carroll  of  Carrollton, 
and  Thomas  Johnson,  or  any  two  of  them 

"  compound,  settle  and  agree  with  the  trustees  of  said 
stock,  or  any  other  person  or  persons  concerning  the 
same,  on  such  terms  and  conditions  as  they  may  think 
for  the  advantage  of  the  State,  on  consideration  of  the 
situation  of  said  stock,  present  circumstances  of  this 
State,  and  the  benefit  that  may  be  derived  from  a  speedy 
and  reasonable  compromise,  and  that  the  money  arising 
from  the  stock  that  will  remain  in  this  government  may 
be  laid  out  in  such  manner  as  the  said  gentlemen  or  any 
two  of  them  shall  think  most  beneficial  to  this  State."  ' 

'  Journal  of  the  Senate. 


Charles  CarrolVs  Leadership. 


99 


The  delegates  to  the  Federal  Convention  in  Phila- 
delphia were  elected  by  the  Maryland  Assembly,  on 
the  23d  of  April.  These  were  Robert  Hanson  Harri- 
son, Charles  Carroll  of  Carrollton,  Thomas  Stone, 
James  McHenry,  and  Thomas  Sim  Lee.  But  only 
one  of  these  gentlemen  accepted  the  appointment, 
and  this  was  James  McHenry.  And  the  delegation 
as  finally  elected  on  the  26th  of  May,  the  last  day  of 
the  session,  consisted  of  James  McHenry,  Daniel 
of  St.  Thomas  Jenifer,  Daniel  Carroll,  John  Francis 
Mercer,  and  Luther  Martin.  The  Senate,  this  time, 
proposed  the  day  of  adjournment,  in  a  message  of 
three  lines  and  a  half,  May  25th,  saying  they  had 
despatched  all  the  business  on  their  table,  and  had 
given  the  House  sufficient  time  for  the  preparation 
of  the  Supply  Bill,  and  wished  to  rise  the  following 
day.  The  House  made  a  dejected  rejoinder. 
"  Having  no  hope,"  they  said,  "  of  making  adequate 
provision  to  comply  with  all  the  demands  upon  us  by 
prolonging  the  session,"  they  would  try  to  finish  up 
all  immediate  business  that  evening.'  The  spectre 
of  paper  money  had  been  effectually  laid,  the  Senate 
having  won  a  decisive  victory,  a  triumph  in  which 
Charles  Carroll  of  Carrollton  bore  a  leading  part. 
This,  is  one  of  the  instances  alluded  to  in  a  former 
chapter  where,  in  the  words  of  Judge  Taney's  bio- 
grapher **  the  integrity  and  firmness  of  the  Senate 
withstood  the  unwise  course  of  the  more  popular 
branch,"  and  the  issue  of  paper  money  proposed  by 
the  House  of  Delegates,  under  the  leadership  of 
Samuel  Chase  was  rejected  by  the  Senate  "  under 

>  Ibid. 


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lOO        Charles  Carroll  of  Carrollton. 

the  lead  of  Thomas  Stone  and  Charles  Carroll  of 
Carrollton." ' 

From  Charles  Carroll's  correspondence  in  these 
years,  of  which,  however,  not  many  traces  remain, 
some  knowledge  may  be  gleaned  of  the  more  per- 
sonal and  private  side  of  his  life  at  this  period,  to 
supplement  the  public  record.  We  find  him,  June 
5,  1784,  ordering  from  his  merchants  in  Marseilles, 
"  by  the  first  vessel  bound  from  Marseilles  to  Balti- 
more town,  12  dozen  quart  bottles  of  your  best 
Frontignac  wine  and  500  pounds  weight  of  your 
best  Turkey  coffee."  Thus  was  the  wine-cellar  de- 
pleted doubtless  during  hostilities,  to  be  stored  anew 
with  foreign  vintages,  while  the  smoking  beverage 
of  the  breakfast-table  was  to  be  the  Frenchman's 
coffee  rather  than  the  Englishman's  tea.  Among 
Charles  Carroll's  Virginia  correspondents  were  Col. 
John  Fitzgerald,  of  Alexandria,  and  Mr.  James 
Hunter,  of  Fredericksburg.  To  the  former  he  wrote 
in  1785-86,  on  the  subject  of  the  Potomac  Canal 
Company,  which  then  wanted  five  per  cent,  on  the 
subscriptions  of  its  members,  and  to  which  Charles 
Carroll  had  subscribed  a  thousand  pounds.  Letters 
of  Robert  Carter  of  "  Nomini,"  written  in  1784, 1786, 
and  1787,  which  are  extant,  relate  to  the  business 
of  the  Baltimore  Iron  Works,  and  are  replies  to  let- 
ters of  Carroll,  now  lost.  They  give  evidence  of  the 
latter's  continued  and  conscientious  interest  in  his 
duties  as  a  shareholder  in  the  Patapsco,  or  Baltimore 
Company. 

A  scheme  in  which  Charles  Carroll  of  Carrollton 

'  Tyler's  "  Life  of  Roger  Brooke  Taney,"  p.  121. 


Young  Charles  Sent  Abroad,  loi 

with  many  others  of  his  faith  were  concerned,  about 
this  time,  was  the  project  for  establishing  a  Jesuit 
College  in  America,  to  be  located  at  Georgetown, 
then  a  part  of  the  State  of  Maryland.  *'  Proposals  " 
for  this  purpose  appeared  in  a  prospectus  issued 
1786-1787,  and  heading  the  list  of  gentlemen  in 
Maryland  who  were  to  solicit  subscriptions  was  the 
name  of  Charles  Carroll  of  Carrollton.  In  Virginia, 
Colonel  Fitzgerald  and  George  Brent  were  appointed 
for  this  purpose,  and  at  New  York,  Dominick 
Lynch.  * 

In  1785,  Charles  Carroll  sent  his  son,  then  a  little 
over  ten  years  of  age,  to  Europe,  to  be  educated  as 
his  ancestors  had  been,  in  the  Jesuit  schools  of 
France.  The  father  writes  from  "  Doohoragen " 
[sic]  July  31st,  to  Messrs.  Wallace,  Johnson,  and 
Muir,  merchants  in  London,  and  tells  his  corres- 
pondents : 


This  will  be  delivered  to  you  by  my  son  whom  I  have 
sent  to  London  on  his  way  to  Liege  to  be  there  educated 
in  the  English  College.  ...  My  cousin,  Daniel 
Carroll  of  Duddington  will  accompany  my  son  to  Liege 
to  see  his  brother  who  is  now  in  the  English  College. 
...  In  a  day  or  two  I  shall  set  off  from  this  place  to 
George  Town  to  see  my  son  embark." " 

This  embarkation  of  young  Charles  was  com- 
memorated on  canvas.  And  it  seems  that  the  child 
did  not  sail  from  Georgetown,  as  his  father  had  ex- 
pected, but  from  the  Carroll  house  at  Annapolis. 

*  Shea's  "  Life  and  Times  of  Archbishop  Carroll,"    p.  308. 
*  Family  papers,  Rev.  Thomas  Sim  Lee. 


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102  Charles  Carroll  of  Carrollton. 

Such,  at  least,  is  the  tradition,  which  is  supported  by 
the  details  in  the  old  picture.  The  heads  are  said 
to  be  all  portraits.  In  the  family  group  saying 
farewell,  are  Charles  Carroll  of  Carrollton  and  his 
two  daughters,  while  the  dusky  face  of  a  negro  boy, 
the  young  master's  valet  and  playmate,  lends  its 
distinctive  Southern  character  to  the  scene.  This 
negro's  son,  known  to  the  present  generation  of  the 
family,  as  "  Old  Patrick,"  died  only  a  few  years  ago. 
He  was  a  fine  specimen  of  the  courteous,  well-bred, 
kind-hearted,  and  loyal  servant  of  the  house,  which 
the  system  of  domestic  slavery  in  America  produced, 
and  which  "  emancipation  "  has  banished  from  the 
continent.  "  Old  Patrick  "  had  many  interesting 
reminiscences  to  give  of  the  *'  Signer  "  whom  he  well 
remembered,  and  at  whose  funeral  he  had  been  a 
mourner. 

Daniel  Carroll  of  **  Duddington  "  who  accompanied 
his  young  cousin  to  Liege,  was  the  eldest  son  of 
Charles  Carroll  of  "  Duddington "  and  "  Carrolls- 
burg,"  and  grandson  of  the  elder  Daniel  Carroll  of 
"  Duddington."  This  younger  Daniel  Carroll  had 
two  brothers,  Charles  Carroll  of  *'  Bellevue,"  the  one 
who  was  at  Liege  in  1785,  and  Henry  Carroll.  The 
following  letters  were  written  by  Charles  Carroll  of 
Carrollton  to  his  cousin  of  Duddington,  while  the 
latter  was  abroad  in  1 786-1 787.  Daniel  Carroll,  it 
will  be  seen,  had  been  a  suitor  for  the  hand  of  his 
{<C  relative,  Mary  Carroll,  and  it  was  a  match  which 
her  father  evidently  preferred  to  the  one  she  was 
about  to  make.  But  in  young  Carroll's  absence,  an 
English  rival  had  succeeded  in  supplanting  him. 


\M 


Letter  to  Daniel  Carroll. 


103 


28th  May,  1786,  Annapolis. 
Dear  Cousin  : 

I  have  received  your  letters  of  the  15th  November  and 
1 2th  February.  You  may  apply  to  Mr.  Johnson  for  re- 
imbursement of  the  18  guineas  which  your  trip  to  Liege 
cost  you,  and  on  producing  this  letter  to  him  I  desire 
that  he  will  pay  you  that  sum,  and  charge  it  to  my  ac- 
count. By  your  letter  of  the  12th  February,  I  find  you 
intended  to  set  out  in  a  few  days  for  France.  I  make  no 
doubt  you  will  employ  your  time  in  that  country  in  im- 
proving yourself  and  particularly  in  learning  French.  I 
would  not  advise  too  long  a  residence  in  Europe.  It 
will  be  attended  with  considerable  expense,  which  your 
estate,  not  being  a  very  productive  one,  you  cannot  well 
afford.  You  no  doubt  will  endeavor  not  only  to  improve 
yourself  in  the  French  language,  but  also  by  the  acquire- 
ment of  some  of  the  polish  of  their  manners.  Observe 
the  cultivation  of  the  country,  particularly  of  the  vine- 
yards, and  learn  the  most  improved  methods  of  making 
wine ;  attend  also  to  their  manufactures,  inquire  into 
their  prices  from  the  manufacturers  themselves  ;  endeavor 
to  fix  some  useful  correspondences  in  France.  These 
observations,  and  these  correspondences  may  hereafter 
turn  to  account,  and  in  some  measure  compensate  the 
expense  you  have  been  put  to  in  making  them. 

Miss  Darnall  and  my  daughter  join  me  in  sincere 
wishes  for  your  health  and  happiness.  Little  Kitty  grows 
a  fine  girl. 

I  am  your  affectionate  kinsman 
and  humble  servant, 

Charles  Carroll  of  Carrollton. 

To  Daniel  Carroll  of  Duddington,  Esq.,  London.' 

'  Family  papers,  Mrs.  William  C.  Pennington. 


'.    \ 


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104         Charles  Carroll  of  Carrollton, 

Annapolis,  13th  March,  1787. 
Dear  Cousin  : 

I  am  favored  with  your  letter  of  the  20th  September. 
As  the  intelligence  I  am  going  to  give  you  may  make 
some  alterations  in  your  plans,  although  disagreeable,  I 
must  impart  it  to  you.  My  daughter,  I  am  sorry  to  in- 
form you  is  much  attached  to,  and  has  engaged  herself 
to  a  young  English  gentleman  of  the  name  of  Caton. 
I  do  sincerely  wish  she  had  placed  her  affections  else- 
where, but  I  do  not  think  myself  at  liberty  to  control  her 
choice,  when  fixed  on  a  person  of  unexceptionable  char- 
acter, nor  would  you,  I  am  sure,  desire  that  I  should. 
My  assent  to  this  union  is  obtained  on  these  two  con- 
ditions, that  the  young  gentleman  shall  extricate  himself 
from  some  debts  which  he  has  contracted,  and  shall  get 
into  a  business  sufficient  to  maintain  himself  and  a  family. 
These  conditions  he  has  promised  to  comply  with,  and 
when  performed  there  will  be  no  other  impediment  in 
the  way  of  his  marriage.  Time  will  wear  away  the  im- 
pression which  an  early  attachment  may  have  made  on 
your  heart,  and  I  hope  you  will  find  out  in  the  course  of 
a  year  or  two,  some  agreeable,  virtuous,  and  sweet-tem- 
pered young  lady,  whose  reciprocal  affection,  tenderness, 
and  goodness  of  disposition  will  make  you  happy,  and 
forget  the  loss  of  my  daughter. 

I  would  advise  you  to  return  home  next  autumn.  It 
is  time  you  should  look  after  your  own  affairs  ;  indeed 
these  do  not  suffer  from  your  absence.  Your  worthy 
father-in-law  [step-father]  is  as  attentive  to  and  watch- 
ful of  your  interest  as  you  would  be  yourself,  but  I  know 
he  wishes  you  would  return  as  soon  as  possible.  Your 
residence  in  Europe  may  occasion  you  to  spend  more 
money  than  you  can  well  afford,  and  this  expense  may 
subject  you  to  considerable  embarrassment  hereafter. 


Letter  to  Daniel  Carroll. 


105 


Your  brother  Charles  is  lately  arrived  ;  the  ship  he 
came  passenger  in  was  cast  away  off  Cape  Hatteras,  no 
lives  lost.  Your  brother,  I  believe,  will  study  the  law  in 
this  city  under  Judge  Hanson.  I  have  heard  lately  from 
Charley.  I  am  told  he  begins  to  apply  to  his  book.  I 
wish  you  would  endeavor  to  get  information  how  he 
comes  on  in  his  studies. 

This  State  is  at  present  a  good  deal  agitated  by  an 
appeal  made  to  the  people  by  the  House  of  Delegates 
concerning  a  bill  for  a  paper  emission  rejected  at  the  last 
session  by  the  Senate.  If  any  dependence  can  be  placed 
in  reports,  a  majority  of  the  people  will  be  against  an 
emission  on  loan,  the  plan  of  the  House  of  Delegates. 
The  Assembly  will  meet  again  the  loth  of  next  month, 
when  this  question  will  be  decided. 

A  convention  is  to  meet  at  Philadelphia  next  May  for 
the  purpose  of  revising  the  Articles  of  Corfederation, 
correcting  its  defects,  and  enlarging  the  powers  of  Con- 
gress. The  meeting,  it  is  thought,  will  be  full,  and  con- 
sist of  the  first  characters  in  this  country. 

MissDarnall  and  Molly  desire  their  kind  compliments 
to  you.  Kitty  sometimes  talks  of  "Cousin  Long-legs." 
She  is  still  puny,  and  often  complaining,  grows  tall,  and 
if  she  should  hereafter  enjoy  a  better  share  of  health,  I 
think  will  make  a  fine  woman. 

An  insurrection  of  numbers  of  malcontents,  in  the 
State  of  Massachusetts,  has  been  lately  suppressed  by 
the  exertions  of  that  government,  which  1  hope  will  in- 
crease its  energy,  and  have  a  good  effect  in  other  States, 
where  similar  dispositions  might  otherwise  have  occa- 
sioned similar  cc  amotions. 

I  have  mentioned  every  occurrence  worth  communi- 
cating, and  therefore  conclude  this  letter  with  assurances 


■n.   I 


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} 

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,'j    \ 

1  / 

I 


1 06  Charles  Carroll  of  Carrollton. 

of  real  regard  and  attachment.     Wishing  you  health  and 
happiness,  I  remain,  Dear  Cousin 
Your  affectionate  kinsman  and  very  humble  servant, 
Charles  Carroll,  of  Carrollton.' 

Mary  Carroll  was  married,  in  the  fall  of  this  year, 
at  seventeen  years  of  age  to  Richard  Caton  an  Eng- 
lish gentleman  who  had  settled  in  Baltimore  in  1785, 
He  became  one  of  the  prominent  citizens  of  the 
town,  entering  a  mercantile  firm  for  the  manufacture 
of  cotton  in  1790,  and  at  one  time  interesting  him- 
self in  geological  researches.  Catonsville,  a  suburb 
of  Baltimore,  bears  his  name,  as  it  was  built  up  round 
the  old  mansion  given  to  Mary  Carroll  by  her  father 
on  her  marriage.  "  Polly  Caton  "  as  her  portrait 
testifies  was  very  attractive  and  pretty.  She  "  was 
distinguished,"  says  a  recent  writer,  "  for  the  grace 
and  elegance  of  her  manners  as  well  as  for  her  many 
sweet  and  amiable  qualities.  She  was  a  particular 
favorite  of  Washington's  and  one  of  the  most  charm- 
ing ornaments  of  the  Republican  Court." '  She 
was  the  mother  of  three  beautiful  women  who 
married  into  the  English  aristocracy  and  are  still 
remembered  as  "  The  American  Graces."  A  fourth 
sister  who  married  in  her  own  country  is  the  only 
one,  however,  who  left  descendants. 

"  Kitty  Carroll "  the  little  girl  who  made  jokes  on 
Polly's  lover,  **  Cousin  Long-legs,"  was  sent  to  the 
English  Convent  at  Liege  in  1789,  when  eleven 
years  of  age.  Charles  Carroll  of  Carrollton  wrote 
from  New  York,  July  6,  1789,  to  Messrs.  Wallace, 
Johnson,  and  Muir: 

'  Ibid,  '^  Harper's  Magazine,  September,  1880. 


1    I: 


1  I 


k\. 


Kitty  Carroll  Goes  to  Liege, 


107 


"  The  last  letter  which  I  wrote  to  your  Mr.  Jos.  John- 
son was  by  my  daughter  Kitty  who  sailed  from  Baltimore 
the  20th  of  May  and  I  hope  has  safely  arrived  in  London 
before  this  time.  I  must  request  Mr.  and  Mrs.  Johnson's 
attention  and  care  of  my  dear  little  girl  while  in  London, 
where  her  stay,  I  hope  was  very  short :  the  maid  who 
accompanied  her  Mr.  Johnson  will  be  pleased  to  have 
shipped  by  the  first  vessel  sailing  and  bound  to  Mary- 
land after  Kitty's  departure  from  London,  for  she  is  not 
to  go  with  Kitty  to  Liege."  ' 

Joshua  Johnson,  Charles  Carroll's  correspondent, 
at  whose  house  little  Kitty  was  to  stay  while  in 
London,  was  a  Marylander,  a  brother  of  Governor 
Thomas  Johnson. 

'  Family  papers,  Rev.  Thomas  Sim  Lee. 


CHAPTER   IV. 


'»  ' 


i| 


J     I 


I 


ill 


IN  THE  UNITED   STATES  SENATE. 
1787-17./). 

THE  important  business  before  the  Maryland 
Senate,  at  its  November  session,  1787,  was  the 
new  Federal  Constitution.  A  committee  of  four 
appointed  to  report  on  the  "  act  of  the  late  Federal 
Convention,"  included  Charles  Carroll  of  CarroUton, 
and  Daniel  Carroll  of  Rock  Creek,  the  latter  having 
been  a  member  of  the  Convention  where  he  voted 
generally  on  the  side  of  the  "  Federalists,"  the  name 
claimed  by  the  advocates  of  the  proposed  system  of 
government.  Their  opponents,  however,  who  feared 
that  the  federal  character  of  the  Constitution  was 
not  sufficiently  defined  in  this  instrument  as  re- 
ported by  the  Convention,  and  desired  to  see  it 
amended  before  it  was  adopted  by  the  States,  as- 
serted that  the  term  Federalist  more  properly 
described  one  who  held  their  views.  But  a  party 
cannot  always  select  its  own  name.  So  it  came 
about  that  the  ultra  Federalists  received  the  title 
of  Antifederalists,  then  were  known  later  as  Re- 
publicans, and  finally   under  the    lead  of  Thomas 

108 


Death  of  Thomas  Stone, 


109 


Jefferson,  as  Democrats,  the  name  the  party  still 
retains.  The  committee's  report  provided  that  the 
Constitution  be  submitted  to  a  Convention,  to  be 
elected  the  3d  Monday  in  January,  to  meet  at 
Annapolis  the  following  March,  "  and  if  they  assent 
to  and  ratify  the  Constitution,  that  they  give  notice 
thereof  to  the  Congress  of  the  United  States." ' 
The  House  submitted  other  resolutions  to  the  Sen- 
ate on  this  subject,  which  were  finally  accepted  by 
them  I  place  of  their  own,  in  order  not  to  protract 
the  session. 

The  death  of  Thomas  Stone  in  October,  an- 
nounced in  the  Senate  at  this  time,  removed  one  of 
Maryland's  strongest  men  from  the  political  arena, 
just  at  the  opening  of  the  new  era,  and  was  a  great 
loss  to  the  Antifederalists  among  whom  he  had  been 
numbered.  In  the  division  of  sentiment  as  to  the 
merits  of  the  Federal  Constitution  the  two  parties, 
which  were  soon  to  be  massed  in  serried  ranks  as 
Federalists  and  Democrats,  took  their  birth.  Here 
Charles  Carroll  of  CarroUton  separated  from  some 
of  his  old  friends,  becoming  known  as  a  leader  of 
the  Federalists.  And  prominent  among  the  Anti- 
federalists  in  Maryland  at  this  period  were  Samuel 
Chase,  John  Francis  Mercer,  and  Luther  Martin. 
The  latter  in  an  able  and  impassioned  letter  widely 
circulated  through  the  pu'olic  press,  gave  expression 
to  the  principles  of  his  party,  the  "  Federal  Repub- 
licans," as  they  then  preferred  to  style  themselves. 

Very  little  business  was  done  in  the  Senate  after 
the  question  of  the  Convention  was  settled.   Charles 

'  Journal  of  the  Maryland  Senate. 


1  f 


I  lo  Charles  Carroll  of  Carrollton, 

Carroll  brought  in  a  report,  December  the  8th,  from 
the  committee  of  three  to  whom  was  submitted  for 
amendment  the  act  respecting  civil  suits  and  coun- 
ty  courts.  A  communication  had  been  received 
from  Uriah  Forrest,  Esq.,  by  Charles  Carroll  of  Car- 
rollton on  behalf  of  the  Senate,  and  Thomas  Johnson 
on  behalf  of  the  House  of  Delegates,  relating  to 
the  claim  of  Messrs.  Van  Staphorst,  of  Amsterdam, 
against  the  State  of  Maryland  ;  and  a  joint  com- 
mittee of  both  Houses  was  appointed  to  receive 
information  from  Carroll  and  Johnson  on  this  sub- 
ject. This  committee  reported  that  the  loan  pro- 
cured in  Holland  of  270,000  florins,  through  the 
Messrs.  Van  Staphorst,  was  obtained  from  a  number 
of  individuals  in  Holland  on  the  credit  of  the  State, 
and  the  Van  Staphorsts  as  agents  were  not  answer- 
able, or  in  any  manner  security,  to  the  lenders  for  the 
principal  of  the  loan,  or  interest  thereon.  And  they 
declared  that  it  was  a  mistake  to  suppose  that  the 
State  was  indebted  to  the  Messrs.  Van  Staphorst  for 
the  loan  aforesaid.  The  Senate,  on  the  15th  of  De- 
cember, sent  a  message  to  the  House  to  the  effect 
that  whereas  "  the  continental  State  money  which 
was  drawn  out  of  the  Treasury  some  time  last  win- 
ter and  spring,  by  order  of  the  Commissioners  of  the 
Treasury  of  the  United  States,  considerably  affected 
the  revenue  and  resources  of  Maryland,  and  sub- 
jected the  people  to  a  burthen,  etc.,  measures 
should  be  taken  to  obviate  the  consequences  of  a 
proceeding  so  injurious  to  our  constituents."  Charles 
Carroll  of  Carrollton  and  William  Perry  were  ap- 
pointed by  the  Senate  to  unite  with  a  committee  of 


The  Maryland  Convention. 


1 1 1 


the  House,  consisting  of  Thomas  Johnson  and  three 
others,  "  to  investigate  the  transaction  and  to  report 
what  steps  to  pursue  for  redress."  This  committee 
brought  in  its  report  the  following  day,  which  was 
read  and  assented  to.  The  Assembly  then  ad- 
journed, December  17th,  to  meet  again  the  2d 
Monday  in  May.' 

The  Maryland  Convention,  called  to  vote  on  the 
Federal  Constitution,  met  in  Annapolis  on  the  2 1st 
of  April.  The  only  account  of  its  proceedings  which 
has  come  down  to  us  is  that  furnished  by  the  Anti- 
federalists  of  the  Convention  in  their  **  Address  to 
the  People  of  Maryland,"  showing  this  body  to  have 
been  a  complete  travesty  of  a  deliberative  assembly. 
A  discussion  of  the  Constitution,  clause  by  clause, 
was  forbidden.  Those  who  were  opposed  to  ratifica- 
tion without  previous  amendments  were  not  per- 
mitted even  to  read  these  amendments,  and  the 
Federalists  obstinately  refused  to  speak  in  answer  to 
the  objections  made  by  the  Antifederalists.  Subse- 
quent amendments  agreed  to  by  a  committee  consist- 
ing of  members  of  both  parties,  were  not  reported  at 
all,  though  they  were  read  to  tht.  Convention  by  its 
chairman,  George  Plater.  The  efforts  of  the  Anti- 
federalist  minority  to  get  any  hearing  at  all,  or  the 
slightest  regard  paid  them,  proved  fruitless ;  the 
Federalists  refusing  to  have  the  yeas  and  nays  taken 
on  the  final  vote  ;  "  nor  would  they  permit  the  vote 
to  be  entered  on  the  journal,  by  which  the  yeas  and 
nays  were  prohibited,  to  preclude  the  consideration 
of  any  amendments." " 

'  Ibid.  '^  Elliot's  "  Debates  of  State  Conventions,"  vol.  ii. 


n 


i 


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1. 1 


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^^ 


1 1 2  Charles  Carroll  of  Carrollton. 

Among  the  prominent  men  of  Maryland  in  this 
Convention  who  were  Antifederalists,  were  the  two 
Chases,  Samuel  and  Jeremiah  Townley  Chase,  Will- 
iam Paca,  William  Pinckney,  John  Francis  Mercer, 
and  Luther  Martin ;  the  last  two  having  been  mem- 
bers also  of  the  Federal  Convention.  Another  emi- 
nent Marylander  who  desired  to  see  the  Federal 
Constitution  amended  before  it  was  riveted  upon 
the  States,  was  General  and  Governor  William 
Smallwood.  Samuel  Chase  wrote  to  General  Lamb 
of  New  York  from  Baltimore,  June  13th,  soon  after 
the  adjournment  of  the  Maryland  Convention,  on 
the  subject  of  communications  from  the  society  of 
the  "  Federal  Republicans."  This  was  an  oigani- 
zation  of  Antifederalists  banded  together  in  an 
effort  to  secure  amendments  to  the  Constitution, 
and  having  their  headquarters  at  New  York.  "  I 
believe,"  wrote  Chase,  "  a  very  great  majority  of  the 
people  of  this  State  are  in  favor  of  amendments, 
but  they  are  depressed  and  inactive  .  .  .  Gov- 
ernor Smallwood,  Mr.  Mercer,  Mr.  J.  T.  Chase,  our 
Attorney-General,  and  a  few  more,  are  decided 
against  the  governm.ent.  An  attempt  will  be  made 
to  elect  none  but  Federalists,  as  they  falsely  call 
themselves  to  our  House  of  Delegates."  ' 

The  effect  of  the  adoption  of  the  Federal  Con- 
stitution on  Maryland's  State  Constitution,  is  thus 
referred  to  by  one  of  hei  historians.  "  In  several 
articles,  the  2nd  and  8th  sections,  the  new  national 
Constitution  clashed  with  and  repealed  provisions 
(the  26th  and  33d)  of  the  existing  Constitution  of 

'  Leake's  "  Life  of  Lamb,"  p.  310. 


■«W  !■' 


Adopts  Federal  Constihition. 


113 


Maryland,  although  adopted  by  a  Convention  of  the 
people  assembled  by  a  simple  resolution  of  the  Leg- 
islature, and  followed  by  no  other  sanction  or  ratifi- 
cation; a  proceeding  seemingly  subversive  of  the 
59th  article  of  the  State  Constitution.'"  The  Ma- 
ryland Constitution  gave  the  Governor  the  entire 
control  of  the  militia,  of  all  the  land  and  sea  forces 
of  the  State,  and  also  the  power  to  lay  embargoes, 
etc.,  during  the  recess  of  the  Assembly.  McSiierry 
explains  that  the  statesmen  of  Maryland  probably 
"  understood  the  restriction  of  the  59th  article,  taken 
in  connection  with  the  42nd  section  of  the  *  Declara- 
tion of  Rights,'  as  binding  only  on  the  Legislature, 
and  in  no  manner  interfering  with  the  right  of  the 
people  to  alter  and  amend  or  renew  that  instrument 
by  means  of  a  Convention  assembled  by  a  simple 
resolution — a  construction  strongly  contended  for  at 
the  present  day  (1849).  They  seem  to  have  consid- 
ered, that  as  a  Convention  of  the  people  had  power 
to  frame  a  Constitution  at  the  outset,  so  a  similar 
body,  under  the  very  theory  of  the  government, 
properly  constituted,  would  always  have  power  to 
alter  or  renew  it ;  and  the  42nd  and  59th  articles  sim- 
ply provided  an  additional  means  and  conferred  a 
new  power,  by  which  amendments  might  be  made, 
through  the  Legislature,  thereby  rendering  un- 
necessary a  too  frequent  resort  to  Conventions." ' 
The  Bill  of  Rights  forbade  any  change  except  in 
the  manner  to  be  provided  by  the  Constitution.  The 
latter  declared  no  alteration  could  be  mnde  unless 

'  McSherry's  "  History  of  Maryland,"  p.  323. 

"^ Ibid.,  p.  330. 
vol..  II -8 


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1 14  Charles  Carroll  of  Car  roll  ton. 

an  act  for  the  purpose  "  shall  pass  the  General 
Assembly  and  be  published  at  least  three  months 
before  a  new  election,  and  shall  be  confirmed  by  the 
General  Assembly  after  a  new  election,"  etc.  And 
there  can  be  no  justification  given  for  the  course  pur- 
sued. The  Federal  Constitution  "  repealed  in  effect 
one  clause  of  the  State  Constitution,  and  took  away 
from  the  State  a  portion  of  its  sovereignty  and 
nationality."  '  Moreover  this  Federal  Constitution 
was  never  properly  submitted  to  the  people  of  the 
State,  and  cannot  be  said  to  have  received  a  legal 
sanction  by  constituted  authority. 

What  were  the  views  of  Charles  Carroll  of  Carroll- 
ton,  on  the  summary  proceedings  of  the  Maryland 
Convention  do  not  appear,  as  none  of  his  corres- 
pondence at  this  time  has  been  preserved.  He  was 
promptly  in  his  seat  in  the  Maryland  Senate  at  its 
May  session.  A  letter  was  received  from  George 
Plater,  president  of  the  Convention,  May  15th, 
enclosing  '*  the  resolve  and  ratification  of  the  Federal 
government."  On  the  23d  Charles  Carroll  brought 
in  the  insolvent  debtor's  bill,  which  repealed  a 
former  act  on  the  subject,  and  revived  another 
one,  entitled,  **  Act  for  the  relief  of  insolvent  debt- 
ors." '  After  some  routine  business,  the  Assembly 
adjourned. 

The  Maryland  Senate  met  again,  and  for  the  last 
time,  under  the  more  elastic,  and  in  many  respects 
"  more  perfect  "  union  represented  by  the  Articles 
of  Confederation,  November  3d,  1788.  The  first 
business  of  importance  was  the  election  of  Senators 

'  Ibid.  *  Journal  of  the  Senate. 


\    '. 


■^ 


Senator  for  the  Western  Shore.         1 1 5 

to  sit  in  the  newly  organized  Federal  Congress. 
John  Henry,  George  Gale,  Charles  Carroll  of  Car- 
rollton  and  Uriah  Forrest  were  put  in  nomination, 
two  for  the  Eastern  and  two  for  the  Western  Shore. 
John  Henry  was  elected  Senator  for  the  Eastern 
Shore  on  the  second  ballot,  and  on  the  third  ballot 
Charles  Carroll  of  Carrollton  was  elected  the  Sena- 
tor for  the  Western  Shore.  The  Incorporating 
Bill,  or  "  Act  to  incorporate  certain  persons  in  every 
Christian  Church  or  congregation  throughout  this 
State,"  was  committed  for  amendment  to  John 
Henry,  Charles  Carroll  of  Carrollton,  and  three 
others,  on  the  i  ith,  of  December,  and  was  brought  in 
as  amended,  by  Henry,  two  days  later.  Charles  Car- 
roll was  made  chairman  of  a  committee  of  three 
who  were  to  draw  up  a  message  to  the  House  of 
Delegates  on  the  subject  of  an  act  to  lay  a  further 
tax  on  the  people  of  Harford  County  to  complete 
the  public  buildings  of  said  county.  A  message 
from  the  House  was  received  on  the  19th  in  refer- 
ence to  the  Incorporating  Bill.  It  was  thought  to 
be  a  subject  too  complicated,  and  of  too  great 
importance  for  hasty  action,  and  the  House  pro- 
posed that  it  be  published  for  the  consideration  of 
the  people.  This  bill  takes  up  four  pages  of  the 
Senate's  journal.  The  only  other  matter  of  moment 
coming  before  the  Assembly  at  this  time,  was  the 
act  to  cede  ten  miles  square  for  the  seat  of  the 
Federal  Government.  The  Legislators  adjourned 
on  the  23d  of  December,  in  time  for  the  Christmas 
holidays.* 

'  ibid. 


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1 1 6  Charles  Carroll  of  Carrollton. 

The  first  Congress  of  the  United  States  under 
the  new  Constitution  met  in  the  city  of  New  York, 
April,  1789.  This  Union  of  1789,  which  replaced 
the  Union  under  the  Articles  of  Confederation,  as 
that  had  succeeded  to  the  unwritten  compact  be- 
tween the  colonies  formed  at  the  outbreak  of  the 
Revolution,  and  existing  on  the  promulgation  of 
the  Declaration  of  Independence,  was  instituted  by 
the  States  for  the  purpose,  as  Luther  Martin  ex- 
pressed it  in  the  Federal  Convention,  of  support- 
ing and  upholding  these  governments.  It  was  to 
sustain  their  dignity  and  give  them  a  common  agent 
in  their  intercourse  with  foreign  powers.  "  The 
American  Confederacy,"  wrote  a  Federalist  of  1818, 
**  is  constituted  by  the  union  of  20  States,  each 
in  itself  separately  considered  sovereign  and  inde- 
pendent, and  having  its  own  executive,  legislature, 
judiciary,  local  constitution  and  laws."*  And  a 
Federalist  in  1833,  describing  the  government,  and 
the  origin  of  political  parties  speaks  of  the  United 
States  in  1788  as  "thirteen  independent  sovereign- 
ties," who  '*  called  into  the  deliberative  Assemblies 
of  the  time  all  the  able  men  of  the  country"  for 
the  purpose  of  voting  upon  a  Constitution  which 
would  unite  them,  it  was  thought,  in  a  compact 
more  conducive  to  the  happiness  and  prosperity 
of  these  States  than  that  under  which  they  were 
then  living.  '*  It  is  believed  "  he  adds,  "  that  a  large 
majority  of  the  thinking  men  were  decided  that 
there  must  be  some  confederation  of  the  States." 

'"Letters  from   Washington   on   the  Constitution  and   Laws," 
Washington,  18 19. 


Federal  Hall  in  New  York. 


117 


^aws, 


He  complains  that  those  **  who  were  in  favor  of 
adopting  the  proposed  Confederation  "  were  stigma- 
tized by  Jefferson  as  "  monarchists "  and  "  dis- 
unionists."  * 

It  was  as  a  Federah'st  then,  as  Federalism  was 
understood  by  its  friends  during  his  life  time,  that 
Charles  Carroll  of  Carrollton  appeared  in  the  United 
States  Senate  in  1789.  The  City  Hall  in  New  York, 
corner  of  Wall  and  Nassau  streets,  was  fitted  up 
for  the  sessions  of  Congress,  and  called  Federal 
Hall.  The  House  of  Representatives  met  in  a  room 
on  the  first  floor,  and  the  Senate  Chamber  was 
upstairs.  There  were  also  galleries  on  the  second 
floor,  two  belonging  to  the  House  of  Representa- 
tives, and  one,  an  iron  gallery  communicating  by 
an  ante-room  with  the  Senate  Hall.  The  building 
contained  in  addition  several  rooms,  for  committees, 
a  library,  etc.  The  New  York  "  Register  for  1789" 
gives  us  the  place  of  residence  of  the  Senators  and 
Representatives.  Charles  Carroll  had  rooms  at  **  52 
Smith  Street,"  and  in  the  same  house  with  him 
were  the  Maryland  Representatives,  Daniel  Carroll, 
William  Smith  and  George  Gale.  Carroll's  col- 
league in  the  Senate,  John  Henry  had  rooms  at 
•'27  Queen  Street.'" 

As  the  Senate  sat  with  closed  doors  through  these 
first  years  of  its  existence,  we  must  look  for  accounts 
of  its  proceedings,  to  private  memoirs  and  corres- 
pondence.    The  number  of  Senators  did  not  then 

'  Sullivan's     "  Familiar    Letters    on    Public    Characters,"    pp. 

27,  31. 
"Griswold's  '*  Republican  Court,"  pp.  120-166. 


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1 1 8  Charles  Carroll  of  Carrollton, 

exceed  eighteen.  Charles  Carroll  took  his  seat, 
Monday,  April  13th,  and  was  added  on  this  day  to 
the  Judiciary  Committee.'  John  Henry  arrived 
April  20th.  From  the  invaluable  "  Journal "  of 
William  Maclay,  one  of  the  Senators  from  Penn- 
sylvania, we  get  the  only  detailed  description  pre- 
served of  the  Senate  debates  from  April  1789  to 
March  1791,  and  through  this  source  Charles  Car- 
roll's record  may  be  traced  during  the  two  years 
he  was  a  member  of  this  body.  Maclay *s  first  entry 
was  made  April  24th.  A  subject  agitating  Con- 
gress at  this  the  beginning  of  a  new  and  untried 
course,  was  that  of  titles  of  honor.  What  titles,  if 
any,  should  be  bestowed  upon  the  President  and 
other  dignitaries  of  the  government  ?  John  Adams 
and  Richard  Henry  Lee  came  prominently  forward 
in  favor  of  titles,  and  Charles  Carroll  of  Carrollton 
showed  in  the  discussion  this  day  that  he  was 
opposed  to  them."  The  question  whether  Congress 
should,  at  the  Inauguration  of  the  President,  accom- 
pany him  to  St.  Paul's  Church  and  attend  divine 
service,  was  opposed  by  Maclay,  and  carried  **  by 
the  Churchmen,"  as  he  says,  on  the  27th.  "  Carroll  " 
he  adds,  "  though  he  had  been  the  first  to  speak 
against  it,  yet  was  silent  on  this  vote.  This  proves 
him  not  the  man  of  firmness  which  I  once  thought 
him." ' 

Charles  Carroll  no  doubt,  showed  good  sense  as 
well  as  courtesy  in  not  further  opposing  a  religious 

'  History  of  Congress,  vol.  i.     Senate. 

■^Joiinialof  William  Maclay,  p.  i.   1789-1791.     New  York,  1890. 

^  Ibid.^  p.  4. 


Washington  s  hiauguration. 


119 


was 


service  advocated  by  a  majority  of  his  fellow  Sena- 
tors. The  great  day  arrived,  the  30th  of  April,  and 
the  sturdy,  plain-spoken  Democrat  from  Pennsyl- 
vania, an  abhorer  of  ceremonies  and  etiquette,  gives 
an  amusing  and  graphic  recital  of  the  Senate's  de- 
liberations, as  to  how  they  should  receive  the  Presi- 
dent, and  whether  they  should  stand  or  sit  during 
his  address.  Lee  and  Izard  bring  forward  the  Eng- 
lish precedents,  and  the  Vice-President  "  this  son  of 
Adam  "  for  whom  Maclay  had  a  special  aversion  has 
a  few  words  to  say  also.  Then,  adds  the  journalist 
*'  Mr.  Carroll  got  up  to  declare  that  he  thought  it  of 
no  consequence  how  it  was  in  Great  Britain  ;  they 
were  no  rule  to  us,  etc."  Maclay  goes  on  to  de- 
scribe the  coming  in  of  the  Speaker  and  the  House 
of  Representatives,  amidst  some  confusion  ir^  the  Sen- 
ate, and  how  they  wait  an  hour  and  more  for  the 
President,  because  the  Senate  committee  had  neg- 
lected to  go  after  him.  Finally  he  comes  in,  bowing 
right  and  left,  advancing  between  the  Senate  and 
Representatives.  The  Vice-President  rose  and  told 
him  he  should  take  the  oath,  which  he  does  on  the 
balcony.  Then  they  return  into  the  Senate  Cham- 
ber, and  all  are  seated,  and  when  the  President  rises 
to  address  them  all  rise.  Washington  is  much  em- 
barrassed and  rather  ungainly  in  his  gestures.  From 
the  hall  they  go  to  St.  Paul's  Church  where  prayers 
are  said  by  Bishop  Provoost.  The  Senate  then  re- 
turn to  their  Chamber  and  continue  their  session. 
They  took  up  the  President's  address,  which  John 
Adams  calls  **  his  most  gracious  speech,"  an  expres- 
sion strongly  disapproved  of  by  Maclay.     A  com- 


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1 20  Charles  Carroll  of  Carroll  Ion. 

mittee  of  three,  consisting  of  William  S.  Johnson  of 
Connecticut,  William  Paterson  of  New  Jersey  and 
Charles  Carroll  of  Carrollton,  was  appointed  to  pre- 
pare an  answer  to  the  address.'  Charles  Carroll  had 
established  his  reputation  as  a  clear  and  forcible 
writer,  and  it  is  noticeable  here  as  in  the  councils  of 
his  own  State  that  when  important  papers  were  to 
be  drafted  his  vigorous  pen  was  called  into  requisi- 
tion. 

On  the  5th  of  May  the  weighty  question  as  to 
how  bills  were  to  be  sent  to  the  other  House  was 
discussed  for  two  hours.  The  House  of  Representa- 
tives had  offended  the  Senate  by  sending  them  a 
bill  in  a  letter,  instead  of  despatching  it  by  a  mem- 
ber of  their  body,  and  now  that  the  bill  prescribing 
the  oath  was  to  go  to  the  House,  a  motion  was 
made  that  it  should  be  carried  by  the  Secretary. 
Maclay  thought  that  this  was  a  bad  way  of  sending 
bills  as  it  interrupted  business,  and  if  the  Senate 
wanted  to  retaliate  in  kind  the  bill  should  be  put  in 
a  letter,  but  the  most  friendly  and  cordial  way  for 
the  two  Houses  to  carry  on  their  intercourse  was 
through  members,  as  in  the  State  Legislatures.  The 
motion  was  carried,  however,  against  Maclay  and  his 
adherents.  "  Ellsworth  was  with  us,"  he  writes, 
'*  and  so  was  Mr.  Carroll,  but  he  concluded  with  say- 
ing he  would  this  time  vote  for  the  Secretary  to  go 
down  with  the  bill."  "^  The  committee  appointed  to 
prepare  a  reply  to  the  President's  address  made  its 
report  on  the  7th  of  May. 

'  History  of  Congress,  vol.  i.    Senate. 
'  Journal  of  William  Maclay,  p.  19. 


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Reply  to  the  President's  Speech.         1 2 1 


**  One  part  was  objected  to  which  stated  the  United 
States  to  have  been  in  anarchy  and  confusion,  and  the 
President  stepping  in  and  rescuing  them.  A  very  long 
debate.  The  words  were  struck  out.  Mr.  Lee  offered 
part  of  a  sentence,  which,  I  thought  filled  the  sentence 
with  propriety.  It  was  however  lost.  Mr.  Paterson  of- 
fered a  clause  *  rescued  us  from  evils  /wpending  over  us. 
This  was  carried  ;  but  half  the  Senate  nearly  made  sour 
faces  at  it.  Mr.  Ellsworth  said  it  was  tautological,  but 
seemed  at  a  loss  as  to  mending  it.  I  rose,  ...  I  ad- 
mitted that  there  appeared  something  tautological  in  the 
words,  and  it  was  not  easy  to  mend  them  consistent  with 
elegant  diction,  but,  if  the  first  syllable  was  taken  from 
the  word  ////pending  it  would  then  stand  *  evils  pending 
over  us.'  The  objection  would  be  obviated,  but  I  would 
not  say  the  language  would  be  eloquent.  But,  since  I 
was  up,  I  could  not  help  remarking  that  I  thought  the 
whole  clause  improper  ;  that  to  state  the  whole  Union 
as  being  in  anarchy  or  under  impending  ruin  was  sancti- 
fying [sanctioning  ?]  the  calumnies  of  our  enemies,  who 
had  long  labored  in  the  foreign  gazettes  to  represent  us 
as  a  people  void  of  government.  It  was  fixing  a  stain  on 
the  annals  of  America,  for  future  historians  would  appeal 
to  the  transactions  of  this  very  day,  as  a  proof  of  our  dis- 
ordered circumstances."  * 

The  speech  was  then  again  put  in  the  hands  of 
the  committee,  "  for  the  purpose  of  dressing  it." 
And  Maclay  adds  later : 

"  The  committee  returned  with  the  message,  and  it  really 
read  vastly  better,  and  was  altered  in  the  exceptional 
phrases.     In  one  place,  speaking  of  the  Government,  it 

'  Ibid,,  p.  20. 


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1 2  2  Charles  Carroll  of  Carrollton. 

• 
mentioned  'dignity  and  splendor*  I  submitted  it  to  the 
gentlemen  who  had  the  amending  of  it  whether  *  respecta- 
bility '  was  not  better  than  splendor.  Mr.  Carroll  of  the 
committee,  did  not  defend  the  word  *  splendor,'  but  said 
*  respectability  '  had  been  used  before  if  he  recollected 
right.  Mr.  Paterson  said  it  sounded  much  better  than 
'  respectability,'  and  rounded  the  period.  Dr.  Johnson 
said  'splendor'  signified  in  this  place  the  highest  perfec- 
tion of  government.  These  were  the  three  members  of 
the  committee.  I  mentioned  that  if  the  word  respectabil- 
ity had  been  used  immediately  before,  it  would  be  im- 
proper ;  that  dignity  alone,  I  thought,  expressed  all  that 
was  wanted.  As  to  the  seeking  sounding  names  and 
pompous  expressions  I  thought  them  exceptionable  on 
that  very  account,  and  that  no  argument  was  necessary 
to  show  it ;  that  different  men  had  a  train  of  different 
ideas  raised  by  the  same  word  ;  that  '  splendor '  when 
applied  to  government,  brought  into  my  mind,  instead  of 
the  highest  perfection,  all  the  faulty  finery,  brilliant 
scenes,  and  expensive  trappings  of  royal  government,  and 
impressed  my  mind  with  an  idea  quite  the  reverse  of  re- 
publican respectability,  which  I  thought  consisted  in  firm 
and  prudent  councils,  frugality  and  economy."  ' 

But  the  word  "  splendor  "  was  allowed  to  remain, 
much  to  the  gratification  ri  the  Vice-President,  as 
Maclay  observes,  who  with  "joy  in  his  face,"  rose 
in  the  chair  and  repeated  twice  over  '*  he  hoped  the 
government  would  be  supported  with  dignity  and 
splendor''  In  this  address  to  the  President,  he  was 
thanked  for  his  speech,  and  the  country  congratula- 
ted "  on  the  complete  organization  of  the  Federal 

'  Ibid.,  p.  22. 


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Carroll  Opposed  to  Titles. 


123 


Government "  ;  and  reference  was  made  to  the 
"great  events  which  led  to  the  formation  and  estab- 
lishment of  a  Federal  Government."  '  The  words 
"  National  Government  "  by  which  the  modern  suc- 
cessors of  the  Federalists  now  designate  the  confeder- 
ation of  the  United  States  were  not  in  the  political 
vocabulary  of  the  makers  of  the  Constitution. 

When  the  subject  of  titles  was  brought  up  again, 
some  surprising  things  were  said  on  the  topic  of  kings 
and  monarchical  government.  Oliver  Ellsworth  de- 
claring **that  kings  were  of  divine  appointment," 
Maclay,  of  course,  opposed  this  anti-republican  senti- 
ment. "  Mr.  Carroll  rose,"  he  says,  "  and  took  my 
side  of  the  question.  He  followed  nearly  the  track 
I  had  been  in,  and  dwelt  much  on  the  information 
that  was  now  abroad  in  the  world  [diminishing  the 
veneration  for  titles.]  He  spoke  against  kings." ' 
Ellsworth,  Carroll  and  Few  were  appointed  on  the 
nth,  a  committee  to  consider  and  report  on  the 
mode  of  carrying  into  effect  the  section  of  the  Con- 
stitution classing  the  members  of  the  Senate,  and 
fixing  their  terms  of  ofifice.  They  gave  in  their  -e- 
port  two  days  later.  John  Henry  was  put  in  the 
first  class  of  Senators  and  Charles  Carroll  into  the 
third.  Then  lots  were  drawn,  and  among  those  who 
vacated  their  seats  at  the  end  of  the  second  year 
were  William  Maclay  and  Charles  Carroll  of  Carrol- 
ton."*  On  the  evening  of  the  nth,  of  May,  some 
of  the  legislators  were  in   attendance  at  the  theatre. 

'  History  of  Congress,  vol  i.     Senate. 
*  Journal  of  William  Maclay,  p.  24. 
'  History  of  Congress,  vol.  i.     Senate. 


1 

I,., 


i.'.; 


IJ 


.\ 


'  r\ 


^-T 


i-    [  If 


■1  : 


124  Charles  Carroll  of  Carrollton. 

It  was  Washington's  first  appearance  in  public  since 
his  elevation  to  office,  and  he  invited  William  Maclay 
and  others  to  seats  in  his  box.'  His  guests  on  this 
occasion  included  the  Governor  of  New  York, 
George  Clinton,  the  French  and  Spanish  ministers, 
the  Count  de  Moustier  and  Don  Diego  Gardoqui, 
the  Senators  from  New  Hampshire,  Connecticut, 
Pennsylvania  and  South  Carolina,  and  the  Senators 
from  **  M,"  probably  meaning  Maryland,  as  the  Presi- 
dent would  doubtless  wish  to  distribute  his  favors 
equally,  between  the  Eastern,  Middle,  and  Southern 
States.  There  were  also  some  ladies  in  the  box,  we 
are  told  ;  Mrs.  George  Clinton,  most  likely,  the  Gov- 
ernor's wife,  the  Marchioness  de  Brehan,  sister  of 
the  French  Minister,  and  the  beautiful  Mrs.  Ralph 
Izard,  with  other  women  of  the  official  circle.  We 
can  fancy  John  Henry  and  Charles  Carroll  of  Car- 
rollton a  part  of  the  brilliant  company  on  this  gala 
night.  The  play  was  the  "  School  for  Scandal,"  and 
the  farce  the  "  Old  Soldier."  " 

Titles  came  up  again  for  discussion  on  the  morn- 
ing of  the  14th.  This  "  base  business,"  as  Maclay 
calls  it,  had  gone  so  far  that  a  title  for  Washington 
had  been  reported  some  days  before  by  the  Titles 
Committee  *'  His  Highness  the  President  of  the 
United  States  of  America  and  Protector  of  the 
Rights  of  the  Same."  But  the  House  of  Representa- 
tives had  firmly  refused  to  concur  in  the  report, 
and  both  Houses  had  in  effect  rejected  titles.  Yet 
a  motion  was  made  that  this  report  in  favor  of  titles, 

'  Griswold's  "  Republican  Court,"  p.  164. 
'  Journal  of  William  Maclay,  p.  30. 


Report  of  Committee  Tabled. 


125 


blic  since 
m  Maclay 
ts  on  this 
;w  York, 
ministers, 
Sardoqui, 
inecticut, 

Senators 
the  Presi- 
his  favors 
Southern 
e  box,  we 
y  the  Gov- 

sister  of 
rs.  Ralph 
cle.  We 
II  of  Car- 

this  gala 
dal,"  and 

he  morn- 
s  Maclay 
ishington 
he  Titles 
of  the 
of  the 
presenta- 
le  report, 
lies.  Yet 
of  titles, 


which  had  been  laid  on  the  table,  should  be  entered 
on  the  files  of  the  Senate.  Charles  Carroll  opposed 
this,  and  was  seconded  by  William  Maclay.  The 
latter  writes : 

"  Mr.  Carroll  expressed  great  dislike  at  the  forepart  of 
the  motion,  which  stated  the  acts  of  the  Senate  to  be  in 
favor  of  titles,  when,  in  fact,  no  such  resolution  ever  had 
passed  the  Senate.  .  .  .  Mr.  Carroll  declared  that 
the  idea  held  forth  was  that  the  Senate  were  for  titles, 
but  it  was  well  known  they  were  not  all  for  titles.  He 
was  opposed,  and  so  were  sundry  other  gentlemen.  He 
wished  only  for  a  fair  question,  that  it  might  be  seen  who 
were  for  them  and  who  were  not.  He  wished  the  yeas 
and  nays  and  let  the  world  judge."  ' 

But  he  failed  to  carry  his  point  in  getting  the 
names  declared  of  the  title-coveting  members. 
When  the  address  to  the  President  was  to  be  signed, 
"  a  might)''  difficulty  was  signified  from  the  chair 
and  the  wisdom  of  the  House  called  on  to  determine 
if  the  Chair  had  done  right."  Mr.  Adams  had 
hitherto  signed  his '"ame  "John  Adams,  Vice-Presi- 
dent," but  't  v'.is  :  J  President  of  the  Senate  he  was 
known  in  thr.t  House,  said  Maclay,  and  it  was  in  that 
character  ht  stiould  sign  his  name  to  the  acts  of  the 
Senate.  "  Mr.  Carroll  got  up  and  said  \  bought  it 
a  matter  of  indifference,  and  concluded  that  he 
agreed  it  should  be  signed  '  Vice-president.'  His 
looks,  I  thought,  betrayed  dissent.  But  the  god- 
dess of  good-nature  will  apologize  for  th.s  slight  aber- 
ration from  sentimental  rectitude.     He  has  for  some 


^: 


^  I6cd.,  pT.',  35     36. 


1 

( 

1 

1 

> 

1   • 

1 

\  ; 


I 


1 26  Charles  Carroll  of  Carrollton. 

time  past  been  equally  with  myself  opposed  to  the 
opinions  of  the  Chair,  and  this  was  his  peace-offer- 
mg. 

On  the  19th,  Charles  Carroll  of  Carrollton  was  ap- 
pointed one  of  a  committee  of  three  to  revise  the 
journal  of  the  Senate  for  publication,"  in  which 
undertaking  these  gentlemen  were  to  expunge  all 
but  the  barest  statements  of  results — all  debates 
which  would  have  given  the  record  character  and 
color.  They  Httle  knew  that  the  "  journal  "  was  to 
be  given  to  their  posterity  a  hundred  years  later  u\ 
a  guise  they  could  never  have  contemplated.  In  a 
discussion  on  the  tariff,  the  Impost  Bill  as  it  was 
called,  the  question  of  a  discrimination  in  favoi  of 
nations  having  commercial  treaties  with  the  United 
States,  came  up.  May  26th.  **  I  declared  for  the 
discrimination,"  writes  Maclay ;  "  Mr.  Carroll  rose 
on  the  same  side  with  me."  The  particular  point 
was,  whether  the  five  cents  per  gallon  on  Jamaica 
spirits,  in  favor  of  France,  should  be  stricken  from 
the  bill.  Many  opposed  all  commercial  treaties, 
some  objected  to  this  special  discrimination  as  likely 
to  offend  Great  Britain,  declaring  commercial  war 
with  her.  **  Mr.  Langdon  spoke,"  adds  Maclay, 
"  and  seemed  to  be  of  our  opinion.  I  did  not  hear 
a  *no'  however,  on  the  question  but  Mr.  Carroll's 
and  my  own."  '  The  subject  nearest  the  heart  of 
the  New  Englanders,  it  seems,  was  the  duty  on  mo- 
lasses.    They  wanted   it  struck  out  altogether,   or 

^  Ibid.,  p.  39. 

*  History  of  Congress,  vol.  i.     Senate. 

^Journal  of  William  Maclay,  pp.  51,  52. 


W 


Debate  on  the  hnpost  Bill. 


127 


i  to  the 
ce-offer- 

was  ap- 
vise  the 
I  which 
inge  all 
debates 
:ter  and 
"  was  to 

later  u\ 
d.  In  a 
3  it  was 
favoi  of 

United 

foi*  the 
oil  rose 
ar  point 
Jamaica 
en  from 

reaties, 
is  likely 

ial  war 
Maclay, 

ot  hear 
"arroll's 
leart  of 

on  mo- 

ler,   or 


m 


greatly  reduced,  and  Maclay  thought,  to  prevent 
them  from  striking  at  anything  else  in  retaliation, 
the  duty  should  be  reduced  to  four  cents  per  gallon. 
"  All  ran  smooth,"  he  writes  of  the  debate  on  the 
26th,  "  till  we  came  to  the  molasses.  Till  quarter 
after  three  did  the  New  England  members  beat  this 
ground,  even  to  the  baiting  of  the  hook  that  caught 
the  fish  that  went  to  buy  the  molasses."  ' 

At  length  the  duty  was  reduced  from  five  cents  to 
four.  But  on  the  following  day,  immediately  after  the 
minutes  were  read,  Caleb  Strong  of  Massachusetts, 
astonished  the  Senate  by  getting  up  and  beginning 
*'  a  long  harangue  on  the  subject  of  molasses.  One 
looked  at  another.  Mr.  Carroll  had  taken  his  seat 
next  to  me.  Several  of  the  gentlemen  murmured. 
At  last  Mr.  Carroll  rose  and  asked  pardon  for  inter- 
rupting any  gentleman,  but  said  that  matter  had 
been  determined  yesterday."  The  Vice-President, 
however,  sustained  Strong,  on  some  untenable, 
technical  ground,  and  it  was  evident  to  Maclay  that 
ihe  point  had  been  agreed  on  between  Adams  and 
the  New  England  Senators,  in  order  to  secure  a 
greater  reduction  of  the  duty.  But  the  question  was 
postponed  until  the  following  day,  Maclay  in  the 
meantime  arming  himself  for  the  fray,  getting  statis- 
tics from  his  friends  for  "  the  war  on  molasses."  He 
arrived  at  the  hall  of  the  Senate  before  any  one  else. 
"  Langdon,  Carroll  and  the  Vice-President  came," 
and  the  four  *-alked  together  informall)^  before  the 
Se  nate  opened : 


fi 


Ibid.,  p.  52. 


r 


128  Charles  Carroll  of  Carrollton. 

"  The  discourse  was  general  on  the  subject  of  govern- 
ment. *  If  our  new  government  does  well,'  said  our 
Vice-  President,  *  I  shall  be  more  surprised  than  ever  I 
was  in  my  life.'  Mr.  Carroll  said  he  hoped  well  of  it ; 
it  would  be  sufficiently  powerful.  '  Jf  it  is,'  said  Mr. 
Adams,  *  I  know  not  from  whence  it  is  to  arise.  It  can- 
not have  energy.  It  has  neither  rewards  nor  punish- 
ments.' Mr.  Carroll  replied  the  people  of  America  were 
enlighter'^d.  Information  and  knowledge  would  be  the 
support  t;  ^'*  Mr.  Adams  replied,  information  and 
knowledge  »-  v,  not  the  sources  of  obedience;  that 
ignorance  wab  a  aiuch  better  source." ' 


V 

1 

^» 

i 

' 
' 


i;! 


)  » 


When  the  Senate  met,  after  various  other  articles 
had  been  taken  up  and  disposed  of,  Richard  Henry 
Lee  and  William  Grayson,  the  two  Senators  from 
Virginia,  opposing  protective  duties  generally,  the 
molasses  conflict  was  declared  on  again.  The  Presi- 
dent of  the  Senate  then  made  such  an  extraordinary 
speech,  concluding  "  that  after  the  four  cents  had 
been  carried  it  was  in  order  to  move  for  any  lower 
sum,"  that  "  somebody  whispered  he  ought  to  get 
his  wig  dressed."  *  But  the  controversy  ended,  for 
the  time  being,  leaving  the  duty  four  cents,  as  be- 
fore determined.  When  the  Senate  met  on  the 
29th,  after  steel  nails,  spikes,  etc.,  the  article  of  salt 
came  under  consideration  :  "  Up  rose  Mr.  Lee,  of 
the  Ancient  Dominion  .  .  .  He  concluded  a 
lengthy  harangue  with  a  motion  for  twelve  cents, 
which  in  his  opinion  was  vastly  too  low.  He  was 
seconded  by  Mr.  Carroll  of   Maryland.     Ellsworth 


'  Ibid.,  p.  54. 


^  Ibid.,  p.  56. 


m 


Duties  on  Stigar  and  Salt. 


129 


govern- 

said  our 

.n  ever  I 

ell  of  it ; 

said  Mr. 

It  can- 

punish- 
rica  were 
Id  be  the 
tion  and 
ce  ;    that 


r  articles 
d  Henry 
Drs  from 
ally,  the 
le  Presi- 
ordinary 
;nts  had 
\y  lower 
to  get 
ded,  for 
as  be- 
on   the 
of  salt 
-ee,  of 
uded   a 
cents, 
-le  was 
sworth 

56. 


rose  for  an  augmentation,  but  said  if  twelve  was 
lost  he  would  move  for  nine.  Lee,  Carroll,  Ells- 
worth and  Mr.  Morris,  speakers,  in  favor  of  the  aug- 
mentation." '  William  Maclay,  with  Ralph  Izard 
and  William  Few,  spoke  against  the  augmentation, 
maintaining  that  as  salt  was  such  a  necessary  of 
life  it  should  be  "  touched  with  a  gentle  hand,  if 
at  all."  Thomas  Fitzsimons,  one  of  the  Represen- 
tatives from  Pennsylvania,  a  Roman  Catholic,  and 
a  personal  friend  of  Charles  Carroll's,  had  furnished 
the  latter,  it  seems,  with  "  the  documents  which  he 
had  collected  on  the  subject  of  revenue,  as  well 
respecting  Pennsylvania  as  the  Union  in  general." 

On  the  3rd  of  June,  Robert  Morris,  Charles  Car- 
roll of  Carrollton,  John  Langdon,  George  Read,  and 
Richard  Henry  Lee  were  appointed  a  committee 
to  report  the  mode  of  communicating  the  acts  of 
Congress  "  to  the  several  States  in  the  Union,"  and 
the  number  necessary  for  that  purpose.  The  report, 
which  was  brought  in  the  following  day,  provided 
that  in  ten  days  after  passing  the  act,  twenty-two 
printed  copies  be  lodged  with  the  President,  and  he 
be  requested  to  send  two  to  each  of  the  "  supreme 
Executives  in  the  several  States."  "  The  "  Union  " 
at  this  time  consisted  of  eleven  States  only.  North 
Carolina  and  Rhode  Island  having  remained  in  the 
old  Confederation  from  which  the  other  States  had 
seceded.  Maclay  tells  of  an  amusing  scene  in  the 
Senate  on  the  4th,  when  titles  were  again  on  the 
carpet.     The  discourse  was  on  the  question  of  styl- 

1  Ihid.,  p.  57, 58. 

'^  History  of  Congress,  vol.  i.     Senate. 


4 

i 


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VOL.  II — 9 


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■'Miigga'"j?-..'e'miww!]!wjiim'i 


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i       \ 


^ 


i        '    I 


1 30         Charles  Carroll  of  Carrollton. 

ing  the  members  "honorable"  in  the  minutes,  a 
"  most  serious  affair,"  as  the  Vice-President  declared. 
He  wanted  "right  honorable,"  and  Lee  seconded 
him :  "  Up  now  rose  Grayson,  of  Virginia,  and  gave 
us  volley  after  volley  against  all  kinds  of  titles  what- 
ever. Louder  and  louder  did  he  inveigh  against 
them.  Lee  looked  like  madness.  Carroll  and  my- 
self exchanged  looks  and  laughs  of  congratula- 
tion." ' 

When  the  Impost  Bill  was  taken  up  soon  after, 
the  N<'  iLnglanders  were  for  reducing  the  duty  on 
molasses  to  three  or  two  cents  per  gallon.  Maclay 
and  oi^^ers  ^  oke  against  the  reduction.  "  I  must 
not  omit,"  says  Maclay,  "  that  Carroll  got  up  and 
spoke  well  on  our  side.  He  stated  the  inequahty 
of  duty  on  molasses  and  sugar  as  sweets  ;  that  a 
gallon  of  molasses  was  equal,  as  a  sweet,  to  seven 
pounds  of  good  brown  sugar.  Seven  cents  on  one, 
four  on  the  other."  The  imposts  being  discussed 
again  Friday,  the  5th,  the  Senate  came  to  the  arti- 
cle of  teas,  "  imported  from  any  other  country  than 
China."  An  amendment  was  moved  "  that  should 
confine  the  direct  trade  from  India  and  China  to  the 
United  States  to  our  own  vessels."  Robert  Morris 
thought  the  matter  should  be  left  until  experience 
proved  its  necessity.  "  Mr.  Carroll  got  up,  said  if 
the  matter  was  right  it  should  be  tried  now  and  not 
wait  for  experiment,  which  might  be  attended  with 
detriment,  and  seconded  the  motion."  ^  The  Sen- 
ate soon  after  adjourned  to  Monday,  to  enable  the 


Journal  of  William  Maclay,  p.  65. 


Ibid,,  p.  68. 


;1 


Votes  for  Tariff  Report. 


131 


lutes,  a 
cclarcd. 
;condcd 
id  gave 
;s  what- 
against 
nd  my- 
gratula- 

n  after, 

duty  on 

Maclay 

I  must 

up  and 

equality 

;  that  a 

o  seven 

jon  one, 

scussed 

he  arti- 

ry  than 

should 

to  the 

Morris 

lerience 

said  if 

ind  not 

;d  with 

le  Sen- 

Ible  the 

p.  68. 


I 

i 


% 


•'<m 


members  to  attend  a  "  levee,"  at  which  Maclay  is 
somewhat  scandalized,  as  important  bills  were  wait- 
ing their  action. 

On  the  9th  he  finds  "a  new  phenomenon  had 
made  its  appearance.  .  .  .  Pierce  Butler  from 
Carolina  had  taken  his  seat  and  flamed  like  a  me- 
teor." The  motion  made  Friday  and  seconded  by 
Charles  Carroll,  had  been  negatived.  And  a  report 
brought  in  by  a  committee  on  the  tariff,  charged 
such  high  duties  that  they  amounted  to  a  prohib- 
ition. Charles  Carroll,  with  Robert  Morris  and 
three  of  the  New  Englanders,  were  for  the  report, 
while  Few  of  Georgia,  the  two  South  Carolinians, 
and  Richard  Henry  Lee  were  against  it,  in  the  dis- 
cussion that  ensued.  Maclay  did  not  like  the  report, 
"  but  concluded  to  vote  for  it,  all  things  considered, 
rather  than  by  rejecting  it,  to  have  all  set  afloat  on 
that  subject  again."  '  The  debate  waxed  warm  on 
the  nth:  "Butler  flamed  away,  and  threatened  a 
dissolution  of  the  Union  with  regard  to  his  State, 
as  sure  as  God  was  in  the  firmament."  Maclay 
writes  among  his  meditations  of  the  14th : 

"  My  mind  revolt«  in  many  instances  against  the  Con- 
stitution of  the  Lnited  States.  Indeed  I  am  afraid  it 
will  turn  out  the  vilest  of  all  traps  that  ever  was  set  to 
ensnare  the  freedom  of  an  unsuspecting  people.  .  .  . 
Memorandum :  Get  if  I  can.  The  Federalist  without 
buying  it.  It  is  not  worth  it.  But,  being  a  lost  book, 
Izard  or  someone  else  will  give  it  to  me.  It  certainly 
was  instrumental  in  procuring  the  adoption  of  the  Con- 

*  Ibid.,  p.  71. 


M 


'        I!' 


<.    'i 


t        I 


I . 


n 


fM) 


« 

1    : 

.      1       • 

h  . 

1 

132         Charles  Carroll  of  Carrollto7i. 

stitution.  This  is  merely  a  point  of  curiosily  and  amuse- 
ment to  see  how  wide  of  its  explanations  and  conjectures 
the  stream  of  business  has  taken  its  course."  ' 

The  question  was  raised  on  the  17th,  as  to  how 
the  Senate  should  give  its  advice  and  consent  to 
nominations  made  by  the  President.  Maclay  thought 
the  matter  was  in  the  nature  of  an  election,  and  the 
vote  should  be  taken  by  ballot,  "  that  when  the  per- 
son was  put  in  nomination,  the  ftivorable  ticket 
should  have  a  yea  and  the  others  should  be  blanks." 
He  was  seconded  by  Few  of  Georgia.  Charles  Car- 
roll, among  others,  spoke  against  Maclay's  sugges- 
tion. The  subject  was  continued  the  following  day  : 
"  Mr.  Carroll  spoke  long  for  the  viva  voce  mode.  He 
said  the  ballot  was  productive  of  caballing  and  bar- 
gaining for  votes.  He  then  wandered  so  wide  of 
the  subject  as  to  need  no  attention." '  The  vote 
by  ballot  was  decided  upon.  The  Judiciary  Bill 
was  taken  up  on  the  22nd  of  June,  and  debated  up 
to  the  middle  of  July. 

An  important  bill,  that  for  organizing  the  Depart- 
ment of  Foreign  Affairs,  as  it  was  called,  was  dis- 
cussed in  the  Senate  on  the  14th  of  July.  The 
resolution  upon  which  it  was  based,  as  drawn  up  by 
Madison  in  the  House  of  Representatives,  contained 
the  provisions  that  members  of  this  Department 
"  shall  be  appointed  bv  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate,  and  to  be  re- 
movable by  the  President ^  Maclay  spoke  at  length 
on  the  subject  of  the  President's  power  as  defined 


>  Ibid.,  p.  75. 


2  Ibid.,  p.  80. 


f 


New  Paiver  Given  the  President        133 

by  the  Constitution.  The  President,  he  said,  should 
not  have  the  power  of  removal  from  office  since  he 
had  not  the  power  of  appointment ;  "  The  depriving 
power  should  be  the  same  as  the  appointing  power." 
The  next  day  the  journalist  continues, 

"  Mr.  Carroll  showed  impati;jnce  to  be  up  first.  He 
got  up  and  spoke  a  considerable  length  of  time.  The 
burden  of  his  discourse  seemed  to  be  the  want  of  power 
in  the  President,  and  a  desire  of  increasing  it.  Great 
comi)laints  of  what  is  called  the  atrocious  assumption  of 
power  in  the  States.  Many  allusions  to  the  power  of  the 
British  kings.  The  King  can  do  no  lurong.  If  anything 
improper  is  done,  it  should  be  the  Ministers  that  should 
answer.     How  strangely  this  man  has  changed  !  "  ' 

The  two  who  were  allies  at  the  beginning  of  the 
session  were  now  drifting  widely  apart.  John  Adams 
considered  this  debate  on  the  power  of  removal  of 
so  much  importance  that  he  has  made  notes  of  it 
which  are  fuller  than  those  of  Maclay,  though  he 
has  omitted  points  which  had  struck  his  opponent. 
Carroll's  speech  as  minuted  by  the  Vice-President  is 
as  follows : 

"  The  executive  power  is  commensurate  with  the 
legislative  and  judicial  powers.  The  rule  of  construction 
of  treaties,  statutes  and  deeds.  The  same  power  which 
creates  must  annihilate.  This  is  true  where  the  power 
is  simple,  but  when  compound  not.  If  a  minister  is  sus- 
pected to  betray  secrets  to  an  enemy,  the  Senate  not 
sitting,  can   not   the   President  displace  nor  suspend  ? 

'  Jbid,,  p.  113. 


Ml 


mi   V 


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,     t       > 

1      i 


1 34        Charles  Carroll  of  Carrollton. 

The  States-General  of  France  demanded  that  offices 
should  be  during  good  behaviour.  It  is  improbable  that 
a  bad  President  should  be  chosen — but  may  not  bad 
Senators  be  chosen  ?  Is  there  a  due  balance  of  power 
between  the  executive  and  legislative,  either  in  the  Gen- 
eral Government  or  State  Governments  ?  (Montesquieu 
quoted  here).  English  liberty  will  be  lost  when  the 
legislative  shall  be  more  corrupt  than  the  executive. 
Have  we  not  been  witnesses  of  corrupt  acts  of  legisla- 
tures, making  depredations  ?  Rhode  Island  yet  perse- 
veres." ' 

The  Senate  was  equally  divided  on  the  question, 
nine  for  and  nine  against  the  President's  **  unquali- 
fied power  of  removal "  and  the  casting  vote  of  the 
President  of  the  Senate  decided  it  in  favor  of  the 
Executive.  Maclay  describes  the  excitement  in  the 
Senate  on  the  i6th,  when  the  vote  was  taken ;  the 
'*  huddling  away  in  small  parties,"  John  Adams  be- 
ing "  very  busy  indeed,  running  to  every  one."  Then 
the  Senate  met  and  a  heated  debate  ensued,  after 
which  several  changed  sides ;  "  But  now  recantation 
was  in  fashion."  When  it  was  found  out  the  vote 
was  a  tie,  "  the  Vice-President  with  joy  cried  out, 
*  It  is  not  a  vote  '  without  giving  himself  time  to 
declare  the  division  of  the  House  and  give  his  vote 
in  order."  Of  William  Grayson's  speech  on  this 
occasion,  Maclay  says  ;  **  It  was  not  long  but  he  had 
in  it  this  remarkable  sentence ;  *  The  matter  pre- 
dicted by  Mr.  Henry  is  now  coming  to  pass ;  con- 
solidation is  the  object  of  the  new  Government,  and 

*  Adams's  "  Works  of  John  Adams,"  vol.  iii.,  pp.  408-412. 


hi.?, 


__J 


Judiciary  Bill  Passed. 


135 


pre- 

con- 

,  and 

2. 


the  first  attempt  will  be  to  destroy  the  Senate,  as 
they  arc  the  representatives  of  the  State  Legisla- 
tures. 

The  Judiciary  Bill,  or  bill  to  establish  the  Federal 
Courts  was  passed  on  the  17th  of  July.  Charles 
Carroll  of  Carrollton  had  been  on  the  committee  ap- 
pointed to  prepare  it,  and  of  course  gave  his  vote 
for  it.  Those  voting  against  it  were  Pierce  Butler, 
William  Grayson,  John  Langdon,  Richard  Henry 
Lee,  William  Maclay  and  Paine  Wingate.  '  **  I 
opposed  this  bill  from  the  beginning,"  writes  Maclay  ; 
*'  It  certainly  is  a  vile  law  system,  calculated  for  ex- 
pense and  with  a  design  to  draw  by  degrees  all  law 
business  into  the  Federal  Courts.  The  Constitution 
is  meant  to  swallow  all  the  State  Constitutions  by 
degrees,  and  thus  to  swallow,  by  degrees,  all  the 
State  judiciaries." ' 

On  the  20th  July,  Maclay  went  home  on  three 
weeks  leave  of  absence,  in  bad  health,  and  in  low 
spirits  at  the  course  of  the  Federalists  who  were 
shaping  the  new  Government  into  a  form  at  variance 
with  the  principles  of  the  Constitution,  as  he  be- 
lieved. This  same  day  the  Impost  Bill  passed  to  a 
second  reading,  and  was  committed  to  Morris,  Lang- 
don, Carroll,  Dalton,  and  Lee  for  additir'm  and 
alterations.  ^  The  bill  for  allowing  compensation  to 
the  President  and  Vice-President  of  the  United 
States,  on  its  second  reading,  August  6tli,  was  rc- 

'  Journal  of  William  Maclay,  p.  ii6. 
■*  History  of  Congress,  vol.  i.     Senate. 
■'  Journal  of  William  Maclay,  p.  117. 
''  History  of  Congress,  vol.  i.     Senate. 


n  1 


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136         Charles  Carrol!  of  Carrollto}i. 

fcrrcd  to  a  committee  of  eleven,  which  included 
Charles  Carroll  of  Carrollton. '  Ralph  Izard,  Rufus 
King,  and  Charles  Carroll  were  at  the  same  timr 
appointed  a  committee  to  wait  on  the  President  01 
the  United  States,  and  confer  with  him  on  the  mode 
of  communication  proper  to  be  pursued  between 
him  and  the  Senate,  in  the  formation  of  treaties, 
and  making  appointments  to  offices. " 

William  Maclay,  returning  to  his  post  of  duty, 
makes  the  first  entry  in  his  journal,  on  Sunday, 
August  i6th.  He  goes  that  day  to  see  his  friends, 
and  to  hear  of  what  has  transpired  in  his  absence. 
The  "  Court  party,"  as  he  calls  the  Federalists,  "  is 
gaining  ground,"  as  he  understands.  Washington 
had  dined  and  wined  the  Senators  and  expressing 
at  his  table  his  objection  to  the  voting  by  ballot  in 
agreeing  to  his  nominations,  this  was  to  be  abandoned 
for  the  viva  voce  vote.  The  report  of  the  committee 
of  three  appointed  to  confer  with  the  President, 
was  taken  up  on  the  21st,  and  contained  the  re- 
solution, "declaring  that  the  Senate  should  give 
their  advice  and  consent  in  all  cases  [to  presiden- 
tial nominations]  viva  voce  vote."  And  Robert 
Morris  urged  his  colleague  to  change  his  views  on 
this  point,  as  the  Senate  had  done,  "  for  his  own 
sake,"  which  Maclay  interprets  to  mean  that  other- 
wise he  will  be  neglected  in  official  circles.  Despite 
this  warning  he  gives  an  audible  '*  No,"  against  the 
resolution,  which  found  only  one  faint  echo  from  the 
other  side  of  the  Senate :  "  so  that  now  the  Court 


'  Ibid. 


*  Executive  Journal,  1789. 


i    ! 


ii!. 


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r. 


Is 


■1^ 


Trcaiy  7vith  the  Simihcrn  Inditifis.        137 

party  triuinplis  at  large."  '  Maclay  pictures  the  scene 
in  the  Senate,  on  the  22ncl,  when  tlie  President  and 
Secretary  of  War  come  in,  bringing  a  treaty  with  the 
Southern  Indians,  which  the  Senators  are  expected 
to  consent  to  simply  on  hearing  it  read.  When  the 
whole  matter  was  postponed  and  referred  to  a 
committee,  the  President  *'  wore  an  aspect  of  stern 
displeasure,"  and  withdraws  .at  length  "  with  a  dis- 
contented air  "  ;  and  adds  Maclay  naicvely,  "  had  it 
been  any  other  man  than  the  man  who  I  wish  to 
regard  as  the  first  character  in  the  world,  I  would 
have  said,  with  sullen  dignity."'  When  the  Presi- 
dent appeared  again  in  the  Sv  iiate  on  Monday,  the 
24th,  he  had  recovered  his  equanimity,  and  was 
"  placid  and  serene,"  consenting  to  amendments  to 
the  articles  of  the  treaty.  The  Compensation  Bill  was 
debated  the  following  day.  This  was  the  act  to  fix 
the  compensation,  or  per  dicni  of  members  of  the 
Senate  and  House  of  Representatives,  and  the  ofifi- 
cers  of  both  branches  of  Congress.  Maclay  moved 
that  the  pay  be  five  dollars  a  day,  and  Robert  Morris 
wanted  it  eight,  the  two  Pennsylvanians  representing 
opposite  theories  here  as  on  other  occasions.  The 
one  advocated  economy  and  plain  living,  the  other 
a  handsome  income  which  should  be  spent  freely. 
At  length  Rufus  King  moved  for  a  committee,  as  it 
was  a  matter  **  of  a  delicate  nature,"  to  whom  the 
bill  might  be  referred.  The  committee  of  five  ap- 
pointed included  Charles  Carroll  of  Carrollton.  ' 


If  1 


Journal  of  William  Maclay,  p.  127.  '^  Il>iil.,  p.  131. 

History  of  Congress,  vol,  i.,  Senate  ;  Journal  of  William  Maclay, 


p.  135. 


«' 


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t       ! 


138         Charles  Carroll  of  Carrollton. 

The  debate  on  the  permanent  residence  of  Con- 
gress was  the  chief  subject  of  interest  in  the  Senate 
from  this  time  on  to  its  adjournment.  But  there 
was  also  another  mat*  ■  of  importance  receiving  its 
attention,  namely  th  proposed  amendments  to  the 
Constitution.  Th  ,  Federalists  had  many  of  them  a- 
grced  to  these  amendments,  in  the  State  Conventions, 
and  had  pledged  themselves  to  secure  them,  after 
the  adoption  of  the  Constitution,  in  the  manner 
provided  by  that  instrument.  On  the  25th  of  Aug- 
ust the  Senate  considered  the  resolve  of  the  House 
of  Representatives,  "  that  certain  Articles  be  pro- 
posed to  the  Legislatures  of  the  several  States,  as 
amendments  to  the  Constitution  of  the  United 
States."  '  In  spite  of  his  not  playing  the  courtier, 
Maclay  finds  himself  dining  with  the  President  on 
Thursday,  August  27th,  where  he  meets  Mrs.  Wash- 
ington, Mr.  and  Mrs.  Adams,  and  a  number  of  other 
prominent  persons.  "  It  was  a  great  dinner,"  he 
tells  us,  "and  the  best  of  the  kind  I  ever  was  at." 
But  after  giving  the  bill  of  fare,  he  adds :  "  It  was 
the  most  solemn  dinner  ever  I  sat  at.  Not  a 
health  drunk  ;  scarce  a  word  said  until  the  cloth 
was  taken  away."  Then  healths  were  drunk  all 
round,  the  ladies  sitting  a  good  while,  but  "  a  dead 
silence  almost,"  and  after  they  withdrew  it  con- 
tinued nearly  as  dull.''  Charles  Carroll  was,  prob- 
ably, often  a  guest  at  the  dinners  of  the  President, 
and  it  is  not  likely  they  were  as  stiff,  on  every 
occasion  as  the  one  here  described. 


I'. 


'  History  of  Congress,  vol.  i.     Senate. 
^  Journal  of  William  Maclay,  p.  137. 


l!''  \  t 


u 


Objects  to  High  Salaries. 


139 


When  the  ren  Drt  of  the  committee  on  the  Com- 
pensation Bill  was  taken  up  in  the  Senate,  August 
28th, "  the  doctrine  seemed  to  be  that  all  worth  was 
wealth,  and  all  dignity  of  character  consisted  in 
expensive  living."  All  the  members  of  the  commit- 
tee, except  Lee  and  Carroll,  are  mentioned  as 
speaking  boldly  in  advocacy  of  high  salaries,  and  ihc 
majority  in  the  Senate  voted  as  if  they  endorsed 
these  views.  ''  Mr.  Carroll  of  Maryland,"  adds 
Maclay,  **  though  the  richest  man  in  the  Union 
was  not  with  them." '  Maclay  received  a  storm  of 
abuse  for  his  efforts  to  have  no  discrimination  made 
between  the  pay  of  Senators  and  that  of  Represent- 
atives. The  salary  bill,  fixing  the  pay  of  Federal 
officers,  was  discussed  on  the  ist  of  September,  and 
Maclay,  though  ill  and  suffering "  extreme  pain," 
sat  through  the  session,  that  his  vote  might  be  given, 
as  the  parties  were  evenly  balanced,  and  he  had  the 
satisfaction  of  knowing  that  his  suffrage  decided 
**  in  favor  of  the  lowest  sum."  But  the  next  day  he 
was  not  able  to  attend,  and  advantage  was  taken  of 
his  absence  to  increase  the  salaries  in  several  in- 
stances. 

At  this  time  the  Senate  voted  on  the  clause  in 
the  amendments  to  the  Constitution,  increasing  the 
number  of  Representatives.  It  was  provided  by 
Article  I.  of  the  Constitution,  that  after  the  first 
enumeration  of  inhabitants  "  there  shall  be  one 
Representative  for  every  30,000  until  the  number 
shall  amount  to  100."  And  the  amendment  was  to 
strike  out  "one"   and    make   it   ''two"  hundred." 

'  Ibid.,  p.  139.  '^  History  of  Congress,  vol.  i.     Senate. 


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140        Charles  Carroll  of  Carrollton, 

The  motion  was  defeated,  Charles  Carroll  and  John 
Henry  voting  with  the  majority,  and  Maclay's  vote 
would  no  doubt  have  been  in  favor  of  the  amend- 
ment. But  Macla)/'  remained  confined  to  his  room 
with  a  lame  leg,  suffering  also  from  the  doctors,  as 
he  says,  and  unable  to  get  information  of  all  that 
was  going  on  in  the  Senate  and  out  of  '>.  *'  or  to 
minute  it  down  if  I  could,"  he  adds.  A  ong  the 
sick  man's  callers  on  the  nth  was  ''Mr.  Carroll 
of  Carrollton,"  who  came  in  company  with  Dr.  John- 
son, one  of  the  Senators  from  Connecticut.' 

The  President  sent  a  message  to  the  Senate  on 
the  17th,  on  the  subject  of  treaties  with  the  Indians. 
It  was  committed  to  Charles  Carroll,  Rufus  King,  and 
George  Read.  The  President  wished  to  know  whe- 
ther a  treaty  "  is  to  be  considered  as  ratified  " 
simply  by  his  proclamation.  Carroll  brought  in  the 
report  of  the  committee  the  following  day,  to  the 
effect,  "  That  the  signature  of  treaties  with  the  Indian 
nations  has  ever  been  considered  as  a  full  completion 
thereof."  "  Maclay  is  again  in  his  place  on  the  21st 
of  September,  ready  for  the  debate  on  the  permanent 
seat  of  government,  in  which  he  is  deeply  interested 
as  a  Pennsylvanian,  a  site  on  the  banks  of  the  Sus- 
quehanna being  then  fixed  upon.  The  bill  was 
debated  on  the  22nd,  23rd,  and  24th.  As  he  went 
into  the  Hall  early  on  the  23rd,  Maclay  says,  "  Mr. 
Carroll  came  in  ;  told  me  Mr.  Morris  was  against  the 
bill  and  wanted  to  bring  forward  '  Gcrmantown  ' 
and   the  '  Falls   of   tlic   Delaware.'  "     And    Morris 

'  Journal  ot  William  Maclay,  p.  151, 
*  History  of  Congress,  vol.  i.  Executive  Journal. 


mmmsm 


The  Seat  of  Government. 


141 


moved  to  strike  out  the  proviso  in  the  bill,  which 
required  Pennsylvania  and  Maryland  to  provide  for 
removing  the  obstructions  to  the  navigation  of  the 
Susquehanna,  below  the  site  to  be  selected.  "  Mr. 
Carroll  got  up  and  answered  Mr.  Morris  mildly," 
writes  Maclay.' 

John  Adams  who  has  preserved  a  record  of  the 
debate,  gives  Carroll  as  "  against  the  motion  to  ex- 
punge the  proviso  ;  considers  the  Western  country 
of  great  importance.  Some  gentlemen  in  both 
Houses,  seem  to  under-value  the  western  country, 
or  despair  of  commanding  it.  Government  on  the 
Potomac  would  secure  it."  '"  Maclay  was  quite  cer- 
tain that  "  if  the  proviso  is  struck  out,  the  two  Mary- 
landers  will  vote  against  us."  Robert  Morris  and 
some  of  the  Pennsylvanians  in  the  House  of  Rep- 
presentatives  were  playing  a  shifting  game,  saying 
in  effect,  as  Pierce  Butler  put  it :  "  Let  us  keep  the 
Federal  town  on  the  Susquehanna,  and  let  there  be 
no  navigation  out  of  it,  and  then  you  must  come  to 
Philadelphia.  But,  rather  than  have  the  Susque- 
hanna opened  which  will  take  some  of  our  trade 
away,  we  will  not  let  you  put  the  Federal  town 
there." '  Maclay  talked  much,  and  worked  hard,  to 
get  the  bill  passed  as  it  then  was,  prophesying,  "  that 
at  the  next  session  Virginia  would  come  forward 
with  five  members  from  North  Carolina,  and  be 
joined  by  two  or  three  from  Pennsylvania,  and  we 
should  infallibly  go  to  the  Potomac."  ' 

'  Journal  of  William  Maclay,  ]>.  160. 

*  Works  of  John  Adams,  vol.  iii.,  pp.  412,  413. 

^  Journal  of  William  Maclay,  p.  159.  '  Ibid.,  p.  161. 


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142         Charles  Carroll  of  Carrollton. 


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On  the  second  reading  of  the  bill  to  establish  the 
seat  of  government,  the  motion  was  made  by  Wil- 
liam Grayson  and  Richard  Henry  Lee,  to  strike  out 
"  in  the  State  of  Pennsylvania "  after  the  word 
Susquehanna,  and  it  was  lost,  Carroll  and  Henry 
voting  for  the  amendment  and  Maclay,  of  course, 
against  it.  '  Then  Grayson  and  Lee  moved  for  the 
Potomac  and  it  was  carried  against  them.  Robert 
Morris  moved  that  the  ten  miles  square  be  located 
at  Germantown,  adjoining  the  city  of  Philadelphia, 
pledging  the  State  to  give  $100,000  for  this  object. 
The  vote  was  equally  divided,  and  John  Adams  de- 
cided it  in  favor  of  Morris's  amendment,  much  to 
Maclay's  disgust.  On  the  25th,  Charles  Carroll 
moved  "  to  strike  out  the  residence  being  in  New 
York  until  the  Federal  building  should  be  erected," 
and  Maclay  voted  with  him.  Congress  adjourned 
on  the  29th  of  September,  and  Maclay,  very  glad  to 
be  rid  of  his  political  vexations,  took  a  place  in  the 
stage  and  set  off  for  Philadelphia  on  his  way  home." 

Charles  Carroll  of  Carrollton  doubtless  hurried 
back  to  Maryland  that  he  might  have  some  time 
for  his  personal  and  plantation  affairs,  before  the 
opening  of  the  Assembly.  He  spent  the  month  of 
October,  probably,  at  "  Doughoregan  Manor,"  and 
early  in  November  we  find  him  in  Annapolis,  ap- 
pearing in  the  Senate  on  the  4th.  John  Eager 
Howard,  one  of  Carroll's  warm  friends,  the  hero  of 
Cowpens,  was  elected  Governor  of  Maryland  on  the 
1 6th,  and  on  the  following  day  Charles  Carroll  and 

'  Ibid.,  p.  164  ;  History  of  Congress,  vol.  i.     Senate. 
'^  Journal  of  William  Maclay,  p.  169. 


I 


Bill  for  Abolishing  Slavery. 


143 


Richard  Ridgeley  were  appointed  to  join  a  commit- 
tee of  tlie  House  "  to  prepare  an  address  to  the 
President  of  the  United  States."  Carroll  was  made 
chairman  of  two  other  committees  also  about  this 
time.  On  the  30th  of  November,  when  the  "  Act 
to  ratify  certain  articles  in  addition  to  and  amend- 
ment of,  the  Constitution  of  the  United  States  of 
America,  proposed  by  Congress  to  the  Legislatures 
of  the  several  States,"  was  read  a  second  time,  it 
was  moved  and  seconded  that  the  Senate  agree  to 
the  second  Article.  This  second  Article  of  the 
Amendments,  as  passed  by  Congress  in  the  Resolve 
of  the  House  of  Representatives  of  August  24,  1789, 
and  agreed  to  later  by  the  Senate,  related  to  the 
compensation  of  Senators  and  Representatives — and 
provided  that  laws  to  vary  this  pay  should  not  take 
effect  until  an  election  had  intervened.  The  **  Act 
to  promote  the  gradual  abolition  of  slavery,  and  to 
prevent  the  rigorous  exportation  of  negroes  and 
mulattoes  from  the  State,"  was  committed,  Decem- 
ber 4th,  after  some  debate,  to  Charles  Carroll  and 
two  other  gentlemen,  who  were  instructed  to  confer 
on  the  subject  with  a  committee  of  the  House. 
Charles  Carroll  reported  from  the  committee  to  pre- 
pare a  message  to  the  House,  as  follows: 

"  Gentlemen  : 

A  bill  for  the  gradual  abolition  of  slavery,  and  for  pre- 
venting the  rigorous  exportation  of  negroes  and  mulattoes 
from  this  State,  has  been  originated  in  this  House,  and 
lain  some  time  for  consideration.  The  great  importance 
of  this  subject,  whether  considered  with  a  view  to  the 
persons  whom  it  concerns,  or  to  the  advantage  and  hap- 


if 


II 


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144         Charles  Carroll  of  Carrolltofi. 

piness  of  llio  community  at  lar^c,  aijpears  lo  be  such  as 
to  rc(|uirc  peculiar  investigation,  and  the  most  serious 
attention  of  the  legishiture.  Hence  it  is  conceived,  that 
discussion  of  this  subject  by  a  joint  committee  of  both 
Houses  will  be  proper,  that  by  a  candid  exchange  of 
sentiments  such  a  system  may  be  reported,  as  will  be 
thought  most  agreeable,  as  well  to  the  sense  of  both 
branches  of  the  legislature,  as  to  the  sense  of  our  fellow- 
citizens.  With  this  view  we  have  framed  the  resolution 
which  accompanies  this  message,  and  do  request  that 
a  committee  be  ajjpointed,  on  the  part  of  your  House,  to 
investigate  the  subject  of  the  bill  above  mentioned,  with 
the  committee  chosen  on  the  part  of  the  Senate,  to  whom 
under  this  expectation  we  have  referred  the  same." ' 

The  House  apparently  took  no  notice  of  this 
message,  and  December  15th,  it  was  ordered  that 
this  bill  be  referred  to  the  next  session.  Other 
committees  of  importance  appointed  by  the  Senate 
of  which  Charles  Can  oil  was  made  chairman  were 
the  following :  the  committee  to  prepare  amend- 
ments to  "the  act  to  dispose  of  the  reserved  lands 
westward  of  Fort  Cumberland  in  Washington  County, 
and  to  fulfil  the  engagements  made  by  the  State  to 
the  officers  and  soldiers  of  the  Maryland  Line  in  the 
•service  of  Lhe  United  States  ; "  and  the  act  respect- 
ing the  debtors  and  creditors  of  the  State,  "  under 
the  act  to  establish  funds  to  secure  the  payment  of 
the  State  debt  within  six  years,  and  for  the  payment 
of  the  annual  interest  thereon."''  The  Senate  ad- 
journed on  Christmas-day. 


'  Journal  of  the  Maryland  Senate. 


*  Ibid, 


fl: 


:l 


First  Congress,  Second  Session.  145 


s^ 


About  this  time  the  Roman  Catliolics  of  America 
presented  an  address  to  General  Washington,  as 
President  of  the  United  States,  which  was  signed  on 
behalf  of  the  clergy  by  the  Bishop-elect  of  Balti- 
more, the  Rt.  Rev.  John  Carroll,  and  on  behalf  of 
the  laity  by  Charles  Carroll  of  CarroUton  and  Daniel 
Carroll,  Dominick  Lynch  of  New  York,  and  Thomas 
Fitzsimons  of  Pennsylvania.  Washington  replied 
in  a  courteous  letter,  dated  March  12th,  1790.' 

The  second  session  of  the  first  Congress  met  in 
New  York  on  the  4th  of  January,  1790,  and  John 
Henry  arrived  on  the  19th.  But  it  was  not  until 
the  1 5th  of  March  that  Charles  Carroll  took  his 
seat.  Maclay  reached  New  York  on  the  5th  of  Jan- 
uary, and  was  in  the  Senate  the  following  day. 
North  Carolina  sent  in  her  ratification  of  the  Con- 
stitution at  this  time,  and  her  Senators  soon  after 
took  their  seats.  *  Maclay  tells  of  the  President's 
address  to  Congress,  and  the  answer  to  it ;  of  his 
dining  with  Washington,  and  being  treated  with 
great  attention.  "  He  is  but  a  man,  but  really  a 
good  one,  and  we  can  have  nothing  to  fear  from 
him,  but  much  from  the  precedents  he  may  estab- 
lish," is  the  conclusion  of  the  Democratic  Senator. 
The  bill  to  promote  the  progress  of  useful  arts,  on 
its  second  reading,  March  15th,  was  committed  to 
Carroll,  Johnson,  Maclay,  Few,  and  Paterson,  ' 
Charles  Carroll  having  arrived  in  the  Senate  that 
day.  A  characteristic  conversation  that  John  Adams 
has  with  the  distinguished    Marylander,  two   days 

'  Life  and  Times  of  Archbishop  Carroll,  pp.  348,350. 
'^  History  of  Congress,  vol.  i.     Senate.  ^  Ibid. 

vol..   II— lO 


'   >l 


f 


p- 


W  '\ 


146        Charles  Carroll  of  Carrollton. 


r    1 


U         ' 


:  \ 


I 


H.  : 

HI 


later,  has  been  preserved  in  Maclay's  journal.     He 
writes  : 

"  Before  the  Senate  was  formed  this  morning,  Mr. 
Carroll  of  Carrollton  happened  to  be  sitting  next  to 
me.  We  were  chatting  on  some  common  subject.  The 
Vice-President  was  in  the  chair  which  he  had  taken  on 
the  performance  of  prayer.  He  hastily  descended  and 
came  and  took  the  chair  next  to  Mr.  Carroll's.  He  be- 
gan abruptly  :  *  How  have  you  arranged  your  empire  on 
your  departure  ?  Your  revenues  must  suffer  in  your 
absence.  What  kind  of  administration  have  you  estab- 
lished for  the  regulation  of  your  finances  ?  Is  your 
government  intrusted  to  a  viceroy,  nuncio,  legate,  pleni- 
potentiary, or  chargi  d'affaires}'  etc.  etc.  Carroll  en- 
deavoured to  get  him  down  from  his  imperial  language 
by  telling  him  he  had  a  son-in-law  who  paid  attention 
to  his  affairs,  etc.  'T  was  in  vain.  Adams  would  not 
dismount  his  hobby.  At  it  again  ;  nor  was  there  an 
officer  in  the  household,  civil  or  military  departments  of 
royal  or  imperial  government  that  he  had  not  an  allusion 
to.  I  pared  my  nails  and  thought  he  would  soon  have 
done,  but  it  is  no  such  easy  thing  to  go  through  the  de- 
tail of  an  empire.  Guardian  goddess  of  America,  canst 
thou  not  order  it  so,  that  when  thy  sons  cross  the  Atlan- 
tic they  may  return  with  something  else  besides  European 
forms  and  follies  ?  But  I  found  this  prayer  ruffled  me 
a  little,  so  I  left  them  before  Adams  had  half  settled  the 
empire 


»>  I 


Mrs.  Caton  accompanied  her  father  to  New  York 
at  this  time,  where  she  became  a  favorite  in  society, 

'  Journal  of  William  Maclay,  p.  216. 


\^  \ 


Second  Session  of  Congress. 


147 


and  was  admired  both  for  her  beauty  and  amiability, 
General  Washington,  it  is  said,  being  very  fond  of 
her.  And  her  portrait,  painted  by  Robert  Edge 
Pine,'  preserved  by  her  descendants  is  full  of  grace 
and  charm. 

The  Assumption  Bill,  Alexander  Hamilton's 
scheme  for  funding  the  State  debts,  was  agitating 
Congress  at  this  its  second  session.  It  was  a  meas- 
ure vehemently  opposed  by  the  Democrats,  as  cal- 
culated to  give  too  much  power  to  the  general 
government.  Charles  Carroll  was  in  favor  of  it,  and 
Maclay  writes  on  the  22d  of  a  visit  he  pays  Carroll 
with  another  gentleman  :  "  We  got  on  the  subject 
of  the  State  of  South  Carolina  having  instructed 
their  representation.  Could  any  hints  have  gone 
from  here,  said  he,  to  set  them  on  this  measure  ? 
He  [Carroll]  is  a  Roman  Catholic,  and  the  intimate 
friend  of  Mr.  Fitzsimons."^  Mr.  Fitzsimons  who 
was  one  of  Hamilton's  supporters,  it  seems,  had 
gone  back  to  Pennsylvania  to  prevent  that  State 
from  instructing  her  delegates  as  to  how  they  should 
vote,  and  Maclay  thinks  he  is  suspected  of  having 
been  working  for  the  same  end,  though  with  an 
opposite  motive.  Charles  Carroll  brought  in  a  re- 
port on  the  bill  for  promoting  the  progress  of  useful 
arts,  and  twelve  amendments  were  added  to  it,  March 
30th.  On  this  same  day  the  bill  for  regulating  the 
military  establishment  of  the  United  States  was 
committed  to  Few,  Ellsworth,  Butler,  Schuyler, 
Carroll,  Langdon,  and  Strong.     Mr.  Few  reported 


III 


'  Griswolds's  "  Republican  Court,"  p.  209. 
'  Journal  of  William  Maclay,  p.  220. 


t    \ 


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148         Charles  Carroll  of  Carrollton. 

this  bill  on  the  6th  of  April.'  "  Sonic  trifling 
amcndmcMits  wore  made  in  the  compensation  to  the 
officers,"  writes  Maclay,  "  but  the  bill  was  materially 
the  same  ...  I  spoke  against  the  whole  bill,  as  the 
egg  from  which  a  standing  army  would  be  hatched, 
as  it  is  a  standing  army  in  fact,  for  the  smallness  of 
the  number  does  not  diminish  the  principle."' 

The  prog"ress  of  the  Revolution  in  France  could 
not  fail  to  be  of  deep  interest  to  Americans,  and  as 
yet  Federalists  and  Democrats  had  not  divided  on 
the  question  of  its  merits  as  they  were  to  do  subse- 
quently.    So  Maclay  records  one  day : 

**  Carroll  of  Carrollton  edged  near  me  in  the  Senate 
Chamber  and  asked  me  if  1  had  seen  the  King  of  France's 
speech,  and  the  acts  of  the  '  Tiers  £tats,'  by  which  the 
distinctions  of  the  nobility  were  broken  down,  I  told 
him  I  had,  and  I  considered  it  by  no  means  dishonorable 
to  us  that  our  efforts  against  titles  and  distinctions  were 
now  seconded  by  the  representative  voice  of  twenty-four 
millions.  A  flash  of  joy  lightened  from  his  countenance. 
How  fatal  to  our  fame  as  lovers  of  liberty,  would  it  have 
been  had  we  adopted  the  shackles  of  servility  which  en- 
lightened nations  are  now  rejecting  with  detestation  !  "  ^ 

The  Military  Bill  was  discussed,  at  intervals,  from 
April  15th  to  April  21st,  when  it  passed  the  Senate, 
with  amendments.  It  was  said  by  the  friends  of  the 
bill  that  the  troops  were  augmented  because  Georgia 
wanted  them  to  protect  her  from  the  Indians,  and 
Charles  Carroll  took  this  ground  in  advocating  the 


'  History  of  Congress,  vol.  i.     Senate. 
'  Journal  of  William  Maclay,  p.  232  *  Ibid., 


P-  233- 


tr*. 


The  Military  Establishment. 


149 


u 


measure.  But  Gunn  of  Georgia  said  that  Georgia 
was  at  peace,  and  there  was  no  need  to  increase  the 
troops  on  her  account,  Rufus  King  asserted  that 
soldiers  were  wanted  because  there  was  a  conspiracy 
between  the  Kentuckians  and  the  Spaniards,  and 
Maclay  arose  in  great  indignation,  to  defend  "  the 
characters  of  the  people  on  the  Western  waters." 
Maclay  maintained  that  the  Constitution  never  con- 
templated a  standing  army  in  time  of  peace — "  a 
well-regulated  militia  "  was  provided,  and  that  was 
all.  And  he  declared  that  the  Constitution  of  Penn- 
sylvania was  abhorent  of  a  standing  army,  and  it 
was  to  be  inferred  that  the  United  States  Constitu- 
tion was  equally  opposed  to  it.  *'  Ellsworth  as- 
serted that  military  establishment  meant  and  could 
mean  nothing  short  of  a  standing  army.  Carroll 
used  the  same  language,  and  expressly  said,  that 
though  the  Constitution  of  Pennsylvania  might  for- 
bid it,  we  were  not  to  be  governed  by  any  State 
Constitution."  * 

When  the  Senate  met  on  the  morning  of  the  22d 
of  April,  the  news  had  just  been  received  of  the 
death  of  Benjamin  Franklin.  The  House  of  Repre- 
sentatives voted  to  wear  crape  on  their  arms  for  a 
month,  in  honor  of  this  distinguished  man  but  in 
the  Senate  it  was  observed  that  they  had  "  suffered 
Grayson  to  die  without  any  attention  to  his  memory, 
though  he  belonged  to  our  body,  and  perhaps  had 
some  claims  to  a  mark  of  sorrow,"  So  when  Charles 
Carroll  of  CarroUton  rose,  the  next  day,  and  made  a 
motion  that  the  Senate  should  follow  the  example 

'  Ibid.,  p,  245. 


1 1 


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iiii 

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1 50        Charles  Carroll  of  Carrollton, 

of  the  House  and  wear  crape  for  the  loss  of  Dr. 
Franklin,  some  members  objected,  Maclay  says,  to 
gratify  the  South  Carolinians  who  hated  Franklin. 
He  had  made  himself  obnoxious  by  signing  one  of 
the  first  memorials  by  which  Northern  Abolitionists 
sought  to  influence  Congress  in  an  unconstitutional 
interference  with  property  rights  at  the  South. 
Maclay  had  seconded  Carroll's  motion,  but,  he  adds, 
**  as  the  matter  strictly  speaking,  was  not  senatorial 
or  such  as  belonged  to  us  in  our  capacity  as  a  public 
body,  and  as  it  was  opposed,  Carroll  looked  at  me, 
and  I  nodded  assent,  and  it  was  withdrawn."  ' 

Rhode  Island  had  not  as  yet  joined  the  new 
Union  and  it  was  now  proposed  to  make  her  suffer 
for  her  delay.  Maclay,  in  his  dryly  sarcastic  manner, 
reports  that  on  the  28th,  "  as  we  had  nothing  to  do 
in  the  Senate,  Carroll  moved  for  a  committee  to 
consider  what  was  to  be  done  about  Rhode  Island, 
etc.  One  was  accordingly  appointed."  It  was  or- 
dered that  Carroll,  Ellsworth,  Morris,  Izard,  and 
Butler  **  be  a  committee  to  consider  what  provisions 
will  be  proper  for  Congress  to  make  in  the  present 
session  respecting  the  State  of  Rhode  Island."  The 
"  agitating  the  affair  of  Rhode  Island,"  was  consid- 
ered by  Maclay  and  his  friends  as  **  only  to  furnish 
a  pretext  to  raise  more  troops,"  and  he  re 
Carroll  as  a  tool  of  "  the  Secretaries  "  (Ha  con 
and  Knox)  in  bringing  it  forward.  This  comiuitt^ee 
reported  through  its  chairman  on  the  5th  of  May, 
and  the  subject  was  considered  on  the  loth,  Morris 
finally   reporting    the    bill,   '*  to    prevent    bringing 

'  Ibid,,  p.  247. 


Rhode  Island  and  the  Union, 


151 


goods,  wares  and  merchandise  from  the  State  of 
Rhode  Island  and  Providence  Plantation  into  the 
United  States,  and  to  authorize  a  demand  for  money 
from  the  said  State."  '  It  was  recommitted  and 
Charles  Carroll  reported  additional  clauses  on  the 
1 8th  of  May,  when  the  bill  passed,  Maclay  with  Lee 
and  Walker  of  Virginia,  Butler  of  South  Carolina, 
Henry  of  Maryland,  and  others  voting  against  it. 
It  was  a  subject  which  in  a  great  measure  was  a 
party  one,  dividing  the  Federalists  and  Democrats. 

Maclay  writes  on  the  5th  of  May:  "The  Rhode 
Island  committee  reported.  The  amount  of  it  was 
to  put  that  State  in  a  kind  of  commercial  Coventry, 
to  prevent  all  intercourse  with  them  by  the  way  of 
trade.  I  think  the  whole  business  premature."  He 
spoke  against  the  "  Rhode  Island  resolves  "  on  the 
lOth,  declaring : 


on 
ee 

ay, 

rris 
ing 


**  That  the  business  was  under  deliberation  in  Rhode 
Island  ;  that  the  resolves  carried  on  the  face  of  them  a 
punishment  for  rejection,  on  the  supposition  that  they 
would  ruin  our  revenue.  Let  us  first  establish  the  fact 
against  them  that  an  intercourse  with  them  had  injured 
our  revenue  before  we  punish  them  with  a  prohibition 
of  all  intercourse.  This  resolution  I  considered  pre- 
mature. The  other  for  the  demand  of  twenty-seven 
thousand  dollars  I  considered  as  equally  so.  Let  the 
accounts  be  settled,  and  Rhode  Island  has  a  right  to  be 
charged  with,  and  has  a  right  to  pay  her  proportion  of 
the  price  of  independence.  By  the  present  resolutions 
the  attack  comes  visibly  from  us.     She  is  furnished  with 

'  History  of  Congress,  vol.  i.     Senate. 


W 


H) 


i^^ 

1    > 

!H 

1 
1 

1 5  2         Charles  Carroll  of  Carrollton. 

an  apology  and  will  stand  justified  to  all  the  world  if  we 
should  enter  into  any  foreign  engagements." 

Again  on  the  nth,  "  the  Rhode  Island  resolutions 
were  taken  up,"  says  Maclay  ;  "  They  admitted  on 
all  hands  that  Rhode  Island  was  independent,  and 
did  not  deny  that  the  measures  now  taken  were 
meant  to  force  her  into  an  adoption  of  the  Constitu- 
tion of  the  United  States,  and  founded  their  argu- 
ments in  our  strength  and  her  weakness.  I  could 
not  help  telling  them  plainly  that  this  was  playing 
the  tyrant  to  all  intents  and  purposes."  On  the 
14th,  when  the  Rhode  Island  bill  was  under  discus- 
sion again,  Maclay  writes :  "  I  contented  myself  with 
giving  my  negative  to  every  particle  of  it.  I  knew 
I  could  gain  no  proselytes,  and  that,  as  the  bill  could 
not  be  justified  on  the  principles  of  freedom,  law, 
the  Constitution,  or  any  other  mode  whatever,  argu- 
ment could  only  end  in  anger."  The  "Yorkers," 
he  says,  only  thought  of  getting  in  two  more  Sena- 
tors, on  whose  votes  they  could  count,  in  regard  to 
the  question  as  to  the  permanent  residence  of  Con- 
gress. And  Ralph  Izard  of  South  Carolina,  who 
nevertheless  voted  for  the  bill,  declared  :  "  If  gentle- 
men will  show  us  how  we  can  accomplish  our  end 
by  any  means  less  arbitrary  and  tyrannical  I  will 
agree  with  them."  Robert  Morris,  another  warm 
advocate  of  the  resolutions,  said  of  the  money  clause  : 
"  This  is  the  most  arbitrary  of  the  whole  of  it." 

Richard  Henry  Lee  made  a  long  speech  against 
the  bill  on  the  i8th,  and  Maclay  made  a  last  effort 
on  the  same  side  : 


Both  Equally  hidependent. 


153 


"  The  bill  had  been  assigned  to  various  motives,  self 
defence,  self  preservation,  self  interest,  etc.  I  began 
with  observing  that  the  Convention  of  Rhode  Island 
met  in  a  week  ;  that  the  design  of  this  bill  was  evidently 
to  impress  the  people  of  Rhode  Island  with  terror.  It 
was  an  application  to  their  fears,  hoping  to  obtain  from 
them  an  adoption  of  the  Constitution,  a  thing  despaired 
of  from  their  own  free  will,  or  their  judgment.  It  was 
meant  to  be  used  in  the  same  way  that  a  robber  does  a 
dagger,  or  a  highwayman  a  pistol,  and  to  obtain  the  end 
desired  by  putting  the  party  in  fear  ;  that  where  inde- 
pendence was  the  property  of  both  sides,  no  end 
whatever  could  justify  the  use  of  such  means  in  the 


aggressors 


'» \ 


Here  were  the  seceding  States  of  1787  endeavor- 
ing to  force  Rhode  Island  into  their  new  Union  in 
1790  by  tyrannical  resolutions  and  penalties,  as  un- 
justifiable almost  as  a  recourse  to  arms.  Twelve 
Senators  voted  for  and  eight  against  the  bill.  Both 
South  Carolina  and  Maryland  gave  one  vote  on  this 
occasion,  in  opposition  to  States  Rights,  and  Carroll 
and  Izard  were  the  only  two  Southern  men  who 
took  the  affirmative  side  on  this  question.  But  no 
statesman  of  this  epoch  could  have  contemplated 
the  actual  *'  tyranny  "  of  making  war  upon  Rhode 
Island  to  bring  her  into  the  Union.  The  spectacle 
was  reserved  for  the  succeeding  century,  of  a  set  of 
sovereign  States  forcing,  by  a  resort  to  arms,  other 
States,  "  where  independence  was  the  property  of 
both  sides,"  into  a  "  Union  "  they  did  not  desire ; 
an  arbitrary  and  iniquitous  course,  not  to  be  "  justi- 

'  Journal  of  William  Maclay,  pp.  258,  259,  263,  264,  266,  267. 


1' 


i 


^\ 


1 54         Charles  Carroll  of  Carrollton. 

fied  on  the  principles  of  freedom,  law,  the  Constitu- 
tion, or  any  other  [doctrine]  whatever.  No  end 
whatever  could  justify  the  use  of  such  means  in  the 
aggressors." 


J^.■ 


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\  ■ . 

s  • 

ill    ; 

Li.i' 

% 

CHAPTER   V. 


FEDERAL  AND   STATE   POLITICS. 


1 790- 1 792. 

THE  bill  "  providing  for  means  of  intercourse  be- 
tween the  United  States  and  foreign  nations," 
at  its  second  reading  in  the  Senate,  on  the  3d  of 
May,  was  committed  to  Strong,  Ellsworth,  Carroll, 
Maclay,  and  Few.'  Maclay  writes  of  the  debate  this 
day  "  on  the  subject  of  etiquette,  and  the  expense 
attending  and  necessary  to  constitute  the  very  es- 
sence of  an  ambassador."  An  appeal  was  made  to 
the  Chair,  and  Maclay  disbelieved  John  Adams's 
"  tales  of  a  traveller,"  and  "  voted  in  the  face  of  all 
his  information.  A  commitment  of  the  bill  was 
called  for,"  he  adds,  *'  and  I  was,  contrary  to  my  ex- 
pectations, put  on  it."  Three  days  later  he  reports 
of  the  proceedings  of  this  committee  : 

"On  the  bill  for  the  salaries  of  ministers  plenipoten- 
tiary, charg'e  iV  affaires^  etc.  I  bore  my  most  pointed 
testimony  against  all  this  kind  of  gentry  ;  declared  I 
wished  no  political  connection  whatever  with  any  other 

'  History  of  Congress,  vol.  i.     Senate. 
Ill 


f 


:i  1 


!f^ 


I  I 


\ 


1 56         Charles  Carroll  of  Carrollton, 

country  whatever.  Our  commercial  intercourse  could 
be  well  regulated  by  consuls,  who  would  cost  us  nothing. 
All  my  discourse  availed  nothing.  The  whole  commit- 
tee agreed  with  me  that  they  were  unnecessary.  Why 
then  appoint  any,  or  make  provision  for  the  appointment 
of  any,  for  so  sure  as  we  make  a  nest  for  one  the  Presi- 
dent will  be  plagued  till  he  fills  it  ?  We  agreed  to  the 
bill  as  it  stood,  but  I  proposed  twice  to  strike  out  all 
about  ministers  plenipotentiary."  ' 

The  committee  met  the  Secretary  of  State  by 
special  appointment  on  the  evening  of  the  24th,  and 
an  interesting  description  is  given  by  Maclay  of 
Thomas  Jefferson,  the  slender  figure,  lounging  man- 
ner, and  face  with  a  "  sunny  aspect,"  impressing  the 
austere  Pennsylvanian  as  wanting  in  dignity,  while 
his  discourse  "  partook  of  his  personal  demeanor. 
It  was  loose  and  rambling,  and  yet  he  scattered  in- 
formation wherever  he  went,  and  some  even  brilliant 
sentiments  sparkled  from  him."  But  Maclay  evi. 
dently  did  not  think  Jefferson  much  more  reliable 
than  Adams  on  the  subject  under  discussion. 

"  The  information  which  he  gave  us  respecting  foreign 
ministers,  etc.,  was  all  high-spiced.  He  had  been  long 
enough  abroad  to  catch  the  tone  of  European  folly. 
He  gave  us  a  sentiment  which  seemed  rather  to  savor  of 
quaintness.  *  It  is  better  to  take  the  highest  of  the  lowest 
than  the  lowest  of  the  highest.'  Translation  :  '  It  is  better 
to  appoint  a  charg^  with  a  handsome  salary  than  a  minis- 
ter plenipotentiary  with  a  small  one.*  He  took  his  leave 
and  the  committee  agreed  to  strike  out  the  specific  sum 
to  be  given  to  any  foreign  appointment,  leaving  it  to  the 

'  Journal  of  William  Maclay,  p.  257. 


The  Permanent  Residence  Bill,         157 


)reign 

long 

[folly. 

TOX  of 

)west 
)etter 
linis- 

lleave 
sum 

lo  the 


President   to  account,  and  ap})ioi)riate  thirty  thousand 
dollars  generally  for  that  inirpose."  ' 

Two  bills  debated  in  the  Senate  at  this  time  were 
the  Funding  Bill  and  the  Bill  for  the  Permanent  Re- 
sidence of  Congress.  With  the  latter  went  the  dis- 
cussion of  an  adjournment  for  the  next  session  from 
New  York  to  Philadelphia,  a  motion  which  met  with 
much  opposition  from  certain  quarters.  And  Wil- 
liam Maclay's  journal  gives  us  some  idea  of  the  ex- 
citement the  intrigues  on  this  subject  occasioned. 
*'  How  shall  I  describe,"  he  writes  on  the  8th  of 
June,  "  this  day  of  confusion  in  the  Senate."  The 
proposed  removal  to  Philadelphia  was  the  burning 
topic  of  the  hour.  The  South  Carolinians  wanted 
to  remain  in  New  York  until  the  site  of  the  Federal 
city  was  selected  :  "  Now  it  was  that  Izard  flamed 
and  Butler  bounced,  and  both  seemed  to  rage  with 
madness,"  reports  the  Pennsylvanian.  He  makes 
no  mention  of  Charles  Carroll  on  this  day,  but  men- 
tions him  as  speaking  on  the  ist  of  June,  and  Mary- 
land's votes  with  those  of  Virginia,  were  counted  by 
Maclay  as  favoring  the  move  to  Philadelphia." 

Charles  Carroll  was  appointed  on  the  8th  of  June, 
one  of  a  committee  of  three,  to  consider  the  matter 
of  adjournment,  and  the  business  it  was  necessary 
to  finish  at  this  session."  The  House  of  Representa- 
tives, about  this  time,  voted  for  the  temporary  resi- 
dence of  Congress  to  be  in  Baltimore,  of  which 
'*  Butler  wished  Carroll  joy,"  Maclay  writes.  The 
latter  preferred  Baltimore  to  New  York,  and  after 

'  Ihid.,  p.  272.  ''■  Ibid.,  pp.  279,  285. 

'•*  History  of  Congress,  vol.  i.     Senate. 


if 


u 


I'  \ 


158         Charles  Carroll  of  Carrollton. 

visiting  Mr.  Jefferson's  office  on  some  business,  be- 
fore going  to  the  Senate  on  the  14th,  he  called  at 
the  lodgings  of  Mr.  Carroll,  "  to  forewarn  him  that 
an  objection  would  be  made  to  Baltimore  that  there 
were  no  public  buildings,  and  that  he  should  be  pre- 
pared on  this  subject."  '  On  the  24th  of  June,  the 
bill  for  establishing  a  "  post-office  and  post-roads 
within  the  United  States,"  which  had  been  read  the 
first  time  two  days  before,  was  committed  to  John- 
ston, Langdon,  Carroll,  Strong,  and  Maclay.* 

A  meeting  of  the  committee  took  place  early  the 
following  morning,  and  Maclay  tells  of  a  conversation 
had  with  Charles  Carroll  on  this  occasion :  "  I  found 
Mr.  Carroll  there.  We  had  much  loose  talk.  He 
told  me  his  plan,  which  was  to  take  Butler's  bill  [re- 
lating to  the  Federal  city],  amended  so  that  the  re- 
sidence should  be  ten  years  in  Philadelphia,  at  the 
end  of  which  the  permanent  residence  should  be  on 
the  Potomac."  The  Post-Office  committee  met 
again  on  the  26th.     Maclay  writes  : 

*'  The  bill  came  up  from  the  Representatives  with 
every  post-road  described,  both  main  and  cross  roads. 
Carroll  and  Strong  were  for  blotting  out  every  word  of 
description,  and  leaving  all  to  the  Postmaster-General 
and  the  President  of  the  United  States.  I  proposed  a 
different  plan  :  that  one  great  post  road  should  be  de- 
scribed by  law  from  Portland,  in  New  Hampshire,  to 
Augusta,  in  Georgia,  passing  through  the  seats  of  the 
different  governments,  and  that  two  cross-roads  only 
should  be  described  from  New  York  to  Canada,  and 

'  Journal  of  William  Maclay,  pp.  289,  291. 
'^  History  of  Congress,  vol.  i.     Senate. 


il 


met 

with 
roads. 

i^ord  of 
eneral 

osed  a 
36  de- 


Ure,  to 


Maryland's  Generous  Offer.  159 

from  Philadelphia  or  some  other  proper  place  to  Fort 
Pitt,  for  the  accommodation  of  the  Western  country. 
The  other,  or  block  system  prevailed."  ' 

When  the  committee  met  on  Monday,  the  28th, 
there  was  "  such  running  and  caballing  of  the  Sen- 
ators nothing  could  be  done."  The  Residence  Bill 
was  coming  up,  and  little  else  could  be  thought  of. 
Richard  Henry  Lee  and  Charles  Carroll  were  the 
leaders  in  the  Senate  who  advocated  the  Potomac 
for  the  permanent  residence  of  Congress,  and  Mad- 
ison pressed  its  claims  in  the  House,  while  the  Presi- 
dent was  known  to  favor  the  river  on  which  was 
located  his  beloved  *'  Mount  Vernon."  Maryland 
had  made  the  most  generous  offer  of  territory  for 
this  purpose,  proposing,  through  her  Representa- 
tives, to  cede  to  the  United  States  a  district  ten 
miles  square  in  any  portion  of  her  territory  which 
Congress  might  select.  So,  though  the  Susque- 
hanna and  the  Delaware  made  rival  bids,  the  Poto- 
mac carried  off  the  prize,  as  it  was  considered. 
William  Maclay,  who  favored  the  river  of  his  own 
State  was  suspicious  of  his  Maryland  friend  at  this 
juncture,  and  thought  he  was  temporizing  with  the 
"  Yorkers."  He  speaks  of  the  Potomac  party  in  the 
Senate  as  "  Carroll  and  Co."  However,  when  the 
vote  was  finally  taken,  June  30th,  giving  the  tempo- 
rary residence  to  Philadelphia  for  ten  years  (this 
clause  having  been  moved  by  Charles  Carroll  on  the 
29th)  and  the  permanent  residence  to  the  Potomac, 
Maclay  professed  himself  satisfied. 

'  Journal  of  William  Maclay,  p.  308. 


t  1 


,  I, 


If 


1 60         Charles  Carroll  of  Carrollion. 

"  I  am  fully  convinced  I'ennsylvania  could  do  no  bet- 
ter. The  matter  could  not  be  longer  delayed.  It  is  in 
fact,  the  interest  of  the  President  of  the  United  States 
that  pushes  the  Potomac.  He  [Washington],  by  means 
of  Jefferson,  Madison,  Carroll  and  others,  urged  the 
business,  and,  if  we  had  not  closed  with  these  terms,  a 
bargain  would  have  been  made  for  the  temporary  resi- 
dence in  New  York."  ' 

Next  in  the  order  of  business,  but  as  many  of  the 
legislators  believed,  far  transcending  the  Residence 
Bill  in  importance,  was  that  for  the  Assumption  and 
Funding  of  the  State  debts.  And  here  Charles 
Carroll  also  bore  a  leading  part.  Maclay  as  a  good 
Democrat,  and  a  conscientious  opponent  of  Hamil- 
ton, upon  whose  report  made  in  March  the  bill  was 
based,  took  strong  grounds  against  it  in  all  its  feat- 
ures. He  was  fully  persuaded  that  the  majority  of 
those  who  supported  it  were  bribed,  and  that  the 
bargain  had  been  "to  give  the  Assumption  of  State 
debts  for  the  residence."  Maclay  himself  was  ap- 
proached more  than  once  on  this  point,  and  told 
that  if  he  would  vote  for  the  Assumption  he  might 
obtain  the  Federal  city  for  the  Susquehanna,  a  prop- 
osition he  spurned  with  scorn.  The  vote  on  the  bill 
was  fourteen  to  twelve.  Jefferson  has  recorded  how 
he  was  duped  into  turning  the  scale,  by  securing 
Virginia's  vote  for  the  Assumption.  The  bill  had 
been  rejected  in  the  House  about  the  time  of  his 
arrival  in  New  York  : 

"  So  high  were  the  feuds  excited  by  this  subject,  that 
on  its  rejection  business  was  suspended.     Congress  met 

'  Ibid.,  p.  312. 


Oi', 


M 


Assumption  of  State  Debts. 


i6i 


t,  that 
Is  met 


and  adjourned  from  day  to  day  without  doing  anything, 
the  parties  being  too  much  out  of  temper  to  do  business 
together.  The  Eastern  members  particularly,  who  with 
Smith  from  South  Carolina,  were  the  principal  gamblers 
in  these  scenes,  threatened  a  secession  and  dissolu- 
tion." ' 

Hamilton  pointed  out  to  Jefferson  **  the  danger 
of  the  secession  of  their  meinbers,  and  the  separa- 
tion of  the  States,"  and  Jefferson,  who  knew  noth- 
ing of  the  circumstances,  to  "save  the  Union" 
agreed  to  invite  a  friend  or  two  to  dinner  to  discuss 
the  subject.  So  two  of  the  "  Potomac  members," 
White  and  Lee,  over  a  bottle  of  wine,  were  induced 
to  change  their  votes. 

It  was  moved  in  the  Senate,  June  14th,  "  that  pro- 
vision shall  be  made  the  next  session  of  Congress 
for  loaning  to  the  United  States  a  sum  not  exceed- 
ing twenty-two  millions  of  dollars,"  and  on  the  2d 
of  July  this  resolution  was  referred  to  a  committee 
consisting  of  Charles  Carroll,  Richard  Henry  Lee, 
Strong,  Ellsworth,  and  Paterson."  Carroll  brought 
in  his  report  on  the  12th,  that  the  loan  should  be 
made  "  in  certificates  issued  by  the  respective  States 
for  services  or  supplies  towards  the  prosecution  of 
the  late  war."  Maclay  was  one  of  the  committee  on 
the  original  Funding  bill,  for  funding  the  Federal 
debt,  a  committee  which  had  been  appointed  June 
iith,  and  reported  on  the  15th  of  June,  and  of  the 
proceedings  of  the  2d  of  July  he  writes  :  "  Ells- 
worth moved  a  commitment  of  the  resolution  with 

'  "  Works   of   Thomas  Jefferson,"    Congress   Edition,    vol.    ix. , 
p.  92.  '  History  of  Congress,  vol.  i.     Senate. 

VOL.    II  — II 


s 


« 


111 


lit 


I ' 


/ 1 


I 

I  \ 


;i 


i?lijo 


162         Charles  Carroll  of  Car rollton, 

regard  to  the  State  debts.  I  saw  we  were  taken  un- 
awares  on  this  subject.  They  carried  the  commit- 
ment and  the  committee  both  against  us.  Carroll 
joined  them."     Me  writes  again  on  the  12th  : 

**  A  number  of  us  gathered  in  a  knot  and  got  on  the 
subject  of  the  assumption,  the  report  of  which  had  just 
been  handed  in  by  Mr.  Carroll.  It  was  in  favor  of  it. 
And  now  from  every  appearance  Hamilton  has  got  his 
number  made  up.  Ho  wanted  but  one  vote  long  ago. 
The  flexible  Read  was  bent  for  this  purpose  some  time 
ago,  and  Carroll  having  joined  to  make  up  the  defection 
of  King.  The  mine  is  ready  to  be  sprung.  Since  I  am 
obliged  to  give  up  (  arroll's  political  character,  I  am 
ready  to  say,  *  Who  is  the  just  man  that  doeth  right  and 
sinneth  not  ?'  "  ' 

On  the  15th,  Maclay  continues: 

"  The  Vice-President  took  up  the  Funding  bill  with- 
out any  call  for  it.  ...  I  saw  Carroll  writing  a 
ticket  with  a  number  of  names  on  it,  sand  and  put  it  by. 
In  the  meantime  up  rose  Ellsworth,  and  moved  that  both 
the  Funding  bill  and  the  resolutions  for  the  assumption 
should  be  referred  to  a  committee.  .  .  .  The  Vice- 
President,  who  was  to  appearance  in  the  secret,  seemed 
impatient  until  I  had  done,  and  putting  the  question  it 
was  carried.  .  .  .  They  carried  the  committee,  all 
of  their  own  number.  This  done,  the  Senate  adjourned. 
Henry  came  and  sat  beside  me  a  good  while.  He  told 
me  that  Carroll  wrote  his  ticket  with  the  seven  names 
(that  being  the  number  of  the  committee)  before  any 
business  whatever  was  done.  This  I  had  observed  in 
part  myself.     We  did  not  need    this  demonstration  to 

'  Journal  of  William  Maclay,  pp.  314,  322. 


\ 


Carroll  Selects  the  Committee, 


163 


|1  with- 
ting  a 

it  by. 
,t  both 

ption 

Vice- 
eemed 
Ition  it 
lee,  all 
jurned. 

e  told 
|names 

e  any 
ed  in 

ion  to 


prove  that  the  whole  business  was  prearranged,  nor  can 
any  person  be  now  at  a  loss  to  discover  that  all  three 
subjects — residence,  assumption,  and  the  funds  equiva- 
lent to  six  per  cent  [Maclay  had  voted  for  four  per  cent] 
— were  all  bargained  and  contracted  for  on  the  principle 
of  mutual  accommodation  for  private  interest."  ' 

And  Washington  was,  after  all,  at  the  bottom  of 
the  whole  thing.  Maclay  concludes,  the  "  best 
interests "  of  the  people  were  "  sacrificed  to  the 
vain  whim  of  fixing  Congress  and  a  great  commer- 
cial town  (so  opposite  to  the  genius  of  the  Southern 
planter)  on  the  Potomac."  These  were  severe  ani- 
madversions upon  his  hero,  Washington,  and  upon 
the  upright  and  public-spirited  Marylander,  Charles 
Carroll  of  Carrollton.  It  was  true,  no  doubt,  that 
South  Carolina  and  Massachusetts,  having  the  larg- 
est State  debts,  wanted  them  assumed  by  the  gen- 
eral government;  that  New  York,  Pennsylvania,  and 
Maryland  all  had  delegates  in  the  House  or  Senate 
who  were  not  opposed  to  the  assumption,  and  would 
vote  for  it,  perhaps,  the  more  readily  if  they  thereby 
secured  a  vote  in  return  for  the  particular  modifica- 
tion of  the  Residence  Bill  they  favored.  The  objec- 
tions to  the  Funding  and  Assumption  Bill,  the  two 
separate  measures  having  been  amalgamated  into 
one,  were,  in  the  eyes  of  the  States  Rights  advo- 
cates, the  approaches  towards  centralization  the 
project  involved. 

Maclay  believed  that  it  lowered  the  power  of  the 
State ;  that  it  would  complete  *'  the  pretext  for 
seizing  every  resource  of  government  and  subject  of 

•  IHd.,  pp.  327, 328. 


\4 


% 


;.  i 


164  Charles  Carroll  of  CarrolUon, 

t.ixatit)!!  in  the  Union,  so  that  even  the  civil  list  of 
the  respective  governments  would  have  to  depei.d 
on  the  Federal  Treasury;"  and  he  maintained  also, 
that  the  lar(4e  sum  assumed,  was  intended  to  cover 
the  speculations  that  had  been  made  in  the  State 
debts.  VirL,Mnia,  through  her  Legislature,  protested 
against  the  bill  as  unconstitutional,  and  oppressive, 
as  it  taxed  the  States  unevenly,  the  citizens  of  those 
States  which  had  paid  their  debt  being  forced  to  pay 
the  debts  of  those  States  which  were  delinquent. 
And  the  fact  became  apparent,  in  due  time,  that  the 
public  debt  had  been  increased  unnecessarily  to 
twenty-one  million  dollars,  when  eleven  millons 
would  have  been  amply  sufficient. 

The  funding  system,  as  against  the  plan  hitherto 
pursued  of  compounding  with  public  creditors,  was 
opposed  by  Maclay  upon  "  republican  as  well  as 
economical  principles."  And  he  states  the  position 
of  those  who  advocated  it  in  the  United  States,  in 
the  course  of  his  argument  against  what  he  thinks 
so  detrimental  to  the  Federal  Republic.  He  says: 
**  I  deny  the  power  as  well  as  the  justice  of  the  pres- 
ent generation  charging  debts,  more  especially  irre- 
deemable ones,  upon  posterity;  and  I  am  convinced 
that  they  will  one  day  negative  the  legacy."  **  But," 
he  adds,  "  I  will  take  gentlemen  at  their  word,  and 
believe  that  it  is  the  glare  of  British  grandeur,  sup- 
posed to  follow  from  her  funds,  that  has  influenced 
their  conduct,  and  that  their  intentions  are  pure, 
wishing  to  render  America  great  and  happy  by  a 
similar  system."'     And  whatever  may  be  thought 

'  Ihid. .  p.  337. 


I 


i*^ 


Lcltcr  to  Coi'enior  IIoivanL 


'65 


kit, 
and 


iced 
►ure, 


ight 


I 


of  some  others,  witli  these  motives  we  may  no  doubt 
credit  George  Washington,  and  ('haih>s  Carroll  of 
Carrollton. 

The  following  letter,  in  C'liarli:s  Curoll's  hand- 
writing, dated  011  Suntl.'iy,  two  days  1  lO.  j  the  vote 
was  taken  on  the  "Consolidated  I'linding  I^ill,"  as 
Maclay  calls  it,  was  forwarded  by  the  Maryland 
Senators  to  John  Kiig(.r  1  loward,  (iovernor  of  the 
State  : 

Niw  NokK,  July,  iS,  I7()(>. 
Sir  : 

Almost  all  ihe  States  have  api)ointe(l  [)ers')iis  of  al)ility 
and  proper  talents  to  suf)erintend  the  settlement  of  ilieir 
resj)ective  accounts  with  the  Qnitetl  States,  and  to  sup- 
jjort  the  \alidit)'  and  justice  of  the  charges  contained 
in  those  accounts. 

We  submit  to  yo'ir  J'^xc.Mlency  and  the  Council  the 
propriety  of  a  similar  ap[)ointment  on  behalf  of  our 
State,  which  may  be  the  more  necessary,  should  the 
State  debts  be  assumed  by  the  United  States,  of  which 
event  there  is  now  a  prospect,  and  even  a  probability. 

We  are  with  the  highest  rts])cct, 
Vour  Excellency's  most  obedient,  humble  servants, 

J.  IIknrv. 

Ch.  Carroll  of  Carrollton.' 

I'he  Creek  Indians  who  had  so  long  been  a  source 
of  trouble  to  Georgia,  consented  to  form  a  treaty 
with  the  United  States,  at  this  time,  and  their 
leader,  Alexander  McGillivray,  with  twenty-eight 
of  the  principal  warriors  of  the  tribe,  came  to  New 
York  in  July,  and   were  escorted   into  the  city  by 

'  Wibcuiibin  Historical  Society. 


(.1 


% 


I 


1  « 


.11 


1.        ' 

I  I 


:'  1 


\       f 


Charles  Carroll  of  Carrolltofi. 


the  Tammany  Society,  wearing  their  Indian  cos- 
tumes, the  Creeks,  no  doubt,  considering  this  a 
deUcate  compliment  on  the  part  of  their  entertain- 
ers. Charles  Carroll  was  very  probably  with  Wash- 
ington and  Jefferson  at  the  public  dinner  given  the 
Indians  on  the  2d  of  August  by  the  Tammany 
sachems.  The  treaty  was  communicated  to  the 
Senate  in  executive  session,  by  the  President  on 
the  7th  of  August,  and  the  vote  was  taken  to  con- 
sent to  its  ratification  five  days  later,  when  Charles 
Carroll  was  present,  voting  in  the  affirmative.'  The 
public  ratification  took  place  on  the  13th,  in  Federal 
Hall,  in  .he  presence  of  a  large  concourse  of  people, 
the  Creek  chiefs  giving  their  assent,  and  accepting 
from  the  President  the  symbolical  string  of  wampum, 
in  token  of  the  peace  and  amity  so  happily  estab- 
lished.' 

Maclay  had  left  the  city  some  time  before,  the 
last  entry  in  his  journal,  for  this  session,  being  dated 
on  the  22d  of  July.  He  had  observed  of  the  nascent 
political  organization  so  well  known  at  the  present 
day,  that  the  sons  of  St.  Tammany  paraded  the 
streets  in  Indian  dresses  "the  old  ist  of  May," 
May  1 2th,  and  adds:  "There  seems  to  be  some 
kind  of  scheme  laid  of  erecting  some  kind  of  order 
or  society  under  this  denomination,  but  it  does  not 
seem  well  digested  as  yet." 

That  Charles  Carroll  still  maintained  in  1790  as  in 
1775,  his  reputation  for  riches,  and,  also,  that  money 
was  not  plentiful  in    1790,  even   with    men   of  his 

'  Executive  Journal,  1790. 
*  Griswold's  "  Republican  Court,"  p.  224. 


:'i'^'lij!   ^^ 


Maryland's  Legislators  at  Work.       167 


broad  acres,  is  apparent  from  the  following  para- 
graph in  a  letter  of  Washington  to  Charles  Carter, 
of  Culpeper,  the  husband  of  Washington's  niece, 
Bcttie  Lewis.  The  letter  is  dated  September  14, 
1790,  and  Washington  tells  of  an  effort  he  had  made 
to  borrow  some  money  for  Mr,  Carter  : 

"1  took  an  occasion  tc  ..ound  Mr.  Carroll  of  Carroll- 
ton,  as  the  most  likely,  being  the  most  monied  man  I  was 
acquainted  with,  but  without  success.  He  assured  me 
that  he  could  not  collect  the  interest  of  the  money  that 
had  been  loaned  by  his  father  and  himself,  and  his  other 
resources  were  not  more  than  adequate  to  his  own  occa- 
sions— thenceforward  I  made  no  furdier  attempts  not 
knowing,  indeed,  where  to  apply." ' 

The  Maryland  Senate  met  at  Annapolis  the  first 
of  November,  and  Charles  Carroll  on  his  arrival, 
November  12th,  was  made  chairman  of  a  committee 
to  prepare  a  message  to  the  House  on  the  subject 
of  revising  the  State  Constitution,  and  he  and  John 
Henry  were  afterwards  put  on  the  joint  comm'ctee 
appo'iiL*.d  for  this  purpose.  Charles  Carroll  was 
also,  at  tiiis  time,  re-elected  to  the  United  States 
Sn.'te.  The  question  of  giving  Samuel  Chase  two 
hundred  and  fifty  pounds  for  his  services  in  defend- 
ing the  State  of  Maryland  in  the  English  Chancery 
suits,  was  discussed  by  the  House  and  Senate  at 
this  session,  the  Senate  opposinf;  the  appropriation. 
They  finally  yielded,  but  Charles  Carroll  of  Carroll- 
ton  and  two  other  Senators  recorded  their  votes  in 
the  negative.  The  sessions  of  the  United  States 
Senate,  as  has  been  said,  were  at  this  time  held  with 

'  Ford's   "  Writings  of  Washington,"   vol.  xi.,  p.  492,  note. 


4\ 


m 


.Si 


^i'  I 


;i 


[I 


1 68  Charles  Carroll  of  Carrollto?i. 

closed  doors,  and  a  resolution  was  now  brought  for- 
ward by  the  House  of  Delegates,  "  instructing  the 
Senators  of  Maryland  in  Congress  to  use  their  en- 
deavours to  procure  the  admission  of  citizens  of  the 
United  States  to  hear  the  debates  of  their  house." 
At  the  second  reading  of  this  resolution,  Carroll  and 
Henry  requested  leave  to  withdraw.  The  proposi- 
tion was  then  negatived  by  a  unanimous  vote. 

On  the  22d  of  December,  the  last  day  of  the 
session,  Charles  Carroll  brought  in  a  bill  relating  to 
the  bank  stock  in  Maryland.  The  Governor  and 
Council  were  to  appoint  one  or  more  persons  resid- 
ing in  London,  to  whom  the  State  agent  Samuel 
Chase  was  to  pay  the  amount  recovered,  after  re- 
ceiving his  commission.  And  the  Governor  and 
Council  were  to  direct  the  above  persons  to  sell  and 
dispose  of  such  bank  stock,  holding  the  monies 
received  therefrom  subject  to  the  future  orders  of 
the  Assembly.' 

Congress  met  for  its  third  session,  December  6, 
1790,  this  time  at  Philadelphia  which  was  to  be  its 
temporary  residence  for  ten  years.  John  Henry 
attended  on  the  loth  of  January,  1791,  Charles  Car- 
roll of  Carrollton  not  appearing  until  the  21st.'  The 
journal  of  William  Maclay  makes  but  one  mention 
of  Charles  Carroll  at  this  session,  and  that  entry  is 
in  connection  with  the  Residence  Bill.  The  bill  for 
the  establishment  of  the  United  States  Bank  passed 
before  Carroll  arrived  in  the  Senate.  It  was  con- 
sidered by  Jefferson,   Maclay  and    others   of   their 

'  Journal  of  the  Maiyland  Senate. 
■■'  History  of  Congress,  vol.  i.     Senate. 


|ii 


Third  Session  of  Congress, 


169 


for 
ised 
lon- 

leir 


party,  as  the  cHinax  with  the  Excise  Bill,  of  those 
objectionable  measures  inaugurated  by  the  Funding 
and  Assumption  Bill.  The  journals  of  Congress 
show  that  at  the  second  reading,  February  3d,  of 
the  bill  making  appropriations  for  the  sujiport  of 
the  government  for  the  year    179F,  Dalton,  Carroll, 


id  Be 


;tt  were 


ited 


committee  to  prepare 
certain  amendments.  These  were  reported  two  days 
later  and  came  ui)  for  consideration  on  the  7th,  but 
were  not  agreed  to,  and  the  bill  was  passed  without 
them. 

On  the  i6th  Mr.  Carroll  gave  notice  that  to-mor- 
row he  intended  to  move  for  leave  to  bring  in  a  bill, 
amending  the  "  act  for  establishing  the  tempo- 
rary and  permanent  seat  of  the  government  of  the 
United  States,  pursuant  to  the  plan  suggested  i'.i 
the  President's  message  of  the  24th  of  January."  ' 
The  purpose  of  this  amendment  was  to  bring  Alex- 
andria, Virginia,  into  the  ten  miles  square.  On  the 
1 8th,  the  bill,  which  had  been  read  the  day  before 
v/as  postponed  "  to  this  day  sevennight,"  when  it 
had  its  second  reading.  Maclay  writes,  February 
18th,  "  Now  Carroll's  amendatory  bill  was  called 
up.  It  was  debated  with  temper,  but  a  good  deal 
of  trifling  discourse  was  had  upon  it.  I  had  deter- 
mined to  say  nothing  upon  the  subject.  I,  however 
changed  my  mind."  The  pur[jort  of  Maclay's  re- 
marks was,  that  the  President  had  overstepped  his 
province,  that  "  he  had  done  himself  what  should 
have  been  done  by  others  under  his  direction."  Our 
journalist    says,    P^ebruary    23d :    "  And    now  came 

'  History  of  Congress,  vol.  i.     Senate. 


: 


;llf 


'    ( 


( t 


I' 


1         i 


ii  r 


I:; 


1  70         diaries  Carroll  of  Carrol  It  on. 

the  Potomac  amendatory  act.  A  postponement  was 
moved,  but  Langdon,  Schuyler,  Elmer,  Morris,  and 
Read  voted  against  the  postponement,  and  finally 
for  the  bill.  This  is  astonishing  indeed.  It  is  plain 
the  President  has  taught  them."  He  thinks  they 
were  all  bought ;  as  to  Read  he  had  "  heretofore 
known  him  to  have  been  shaken  by  something  else 
beside,  the  wind."  Again,  on  the  26th  there  is  the 
entry  :  "  The  third  reading  was  given  this  day  to 
the  detestable  bill  of  yesterday,  and  the  last  hand 
was  put  to  the  more  detested  excise  law."  ' 

Maclay  was  fully  persuaded  that  this  amendment 
to  the  Residence  liill  was  put  there  purely  to  further 
Washington's  private  interest,  and  that  it  would  in 
someway  work  an  injury  to  the  Federal  Governmc  it. 
In  speaking  of  those  public  personages  with  whom 
he  had  become  most  unpopular,  for  opposing  their 
favorite  measures,  he  says :  "  I  have  drowned  Jeffer- 
son's regards  in  the  Potomac."  Alexandrians  and 
Virginians  generally,  found  out  later  their  mistake, 
and  Washington's  town  was  glad  enough  to  return 
to  its  proud  place  as  a  part  of  the  glorious  Old  Do. 
million,  from  whose  jurisdiction  it  neve^  should  have 
been  severed.  A  bill  sent  from  the  House  of  Rep- 
resentatives, for  making  compensation  to  widows 
and  orphans  of  certain  ofificers  of  the  Revolution, 
and  for  the  relief  of  certain  invalided  persons,  was 
committed  to  Wingate,  Strong,  and  Carroll,  who 
made  their  report  March  3d,  when  the  matter  was 
referred  to  the  following  session.* 

'  Journal  of  William  Maclay,  pp.  397,  401. 
*  History  of  Congress,  vol.  i.     Senate, 


iij,  . 


Letter  to  Thomas  Jefferson.  i  7 1 

Charles  Carroll  of  Carrollton  w  s  in  Annapolis, 
March  17,  1791,  and  was  to  go  from  this  place  to 
the  "  Furnace,"  the  name  he  gives  the  Baltimore 
Iron  Works,  the  25th,  to  "continue  there  three  or 
four  days."'  He  wrote  fiom  Annapolis  to  Thomas 
Jefferson,  early  in  April,  in  reply  to  a  business  com- 
munication from  the  latter,  and  makes  interesting 
mention  in  his  letter,  of  public  affairs. 

Annapolis,  loth  April,  1791. 
Dear  Sir  : 

I  received  the  8th  instant  your  favor  of  the  4th,  and 
yesterday  morning  I  delivered  to  Mr.  Brown  your  letter, 
and  paid  him  the  bank  note  of  97.06  Dollars,  and  took 
the  receipt  enclosed,  which  I  hope  will  be  satisfactory. 


I  flatter  myself  Congress  will  during  the  next  session 
adopt  decisive  and  adequate  measures  for  the  encourage- 
ment and  support  of  our  navigation.  Great  Britain  as  it 
strikes  me,  is  the  only  power  which  can  rival  us  in  the 
carrying  trade,  and  the  only  one  disposed  to  extend  her 
own  navigation  on  the  depression  of  ours.  In  a  matter, 
however,  of  so  much  consequence,  by  which  the  tempo- 
rary interests  of  some  of  the  States  and  the  interests  of 
leading  individuals  in  all,  may  be  affected,  we  cannot 
proceed  with  too  much  caution,  for  we  ought  not  to  haz- 
ard any  measure  we  are  not  determined  to  go  through 
with. 

I  am  happy  to  hear  that  affairs  in  France  are  going  on 
so  well  ;  on  the  success  of  the  Revolution  in  that  country 
not  only  the  happiness  of  France,  but  the  rest  of  Europe, 
and  perhaps  our  own  depends,     I  wish  sincerely  freedom 

'  MS.  Letter. 


1' 


\&\S' 

1 

> 

• 

/' 

i 

I.    - 

' 
1 

ii 

vV'. 

M 


172 


Charles  Carroll  of  Carrollton, 


to  all  the  nations  of  the  earth  :  to  France  from  education 
and  gratiiude,  1  feel  a  particular  attachment.  With  such 
feelings,  it  is  not  surprising  that  I  should  view  with  anx- 
ious care  the  proceedings  of  the  National  Assembly.  J 
own  my  doubts  of  a  hapi)y  issue  to  their  new  system  do 
not  arise  so  much  from  the  op])osition  of  the  dignified 
clergy  and  nobles'^e,  as  from  the  fear  of  disunion,  the 
side  views  and  factions  combinations  and  cabals  amongst 
the  pofjular  party.  God  send  my  apprehensions  may  be 
entirely  groundless. 

I  am  with  real  esteem  and  respect.  Dear  Sir, 

Your  affectionate  humble  servant, 
Ch,  Carroll  of  Carrollton.' 

Though  Congress  met  in  October,  Charles  Carroll 
did  not  make  his  appearance  there  until  after  the 
session  of  the  Maryland  Legislature,  leaving  John 
Henry  to  represent  the  State  in  the  Senate  of  the 
United  States,  at  this  time,  while  he  served  Mary- 
land in  the  Senate  of  her  Assembly.  The  latter  met 
as  usual,  in  November,  and  George  Plater  was  elected 
Governor  of  the  State.  Charles  Carroll  of  Carroll- 
ton was  placed  immediately  on  two  important 
committees,  one  to  draw  up  a  bill  for  the  relief  of  in- 
solvent debtors,  the  other  to  prepare  a  law  respect- 
ing certain  rcgulatioiLs  for  the  new  city  of  Washing- 
ton. When  the  bill  for  the  relief  of  Samuel  Sterett 
was  read  a  second  time,  November  24th,  both 
George  Dent  and  Charles  Carroll  spoke  against  it, 
each  one  iiaving  his  written  protest  recorded  in  the 
Senate  journal.  That  of  Charles  Carroll  entered  in 
the  minutes,  Saturda}^  November  26th,  is  as  follows  : 

'  Department  of  State,  Jefferson  Papers,  2fl.  Series,  vol.  xv,,  p.  54. 


/i| 


Disscfifs  to  State  Senate  Bill. 


^7Z 


I'arroU 

cr  the 

John 

of  the 

Mary- 

r  met 

ected 

arroll- 

irtant 

of  in- 

spect- 

ihing- 

erett 

both 

St  it, 

1  the 

ed  in 

lows  : 

p.  54- 


i 


^''  Dissenfioit :  Ikx'aiise  if  the  power  remyins  with  this 
!,t.'f;ishUure  to  pass  an  act  for  giving  reHef  to  the  individ- 
uil  in  this  case,  it  has  a  power  to  pass  a  {.general  law  re- 
lieving every  individual  within  its  jurisdiciion  similarly 
circumstanced,  and  it  is  more  consistent  with  the  spirit  of 
genuine  legislation,  and  with  that  impartiality  likely  to 
ohtain  in  laws  framed  upon  general  principles,  extending 
indiscriminate  relief  to  all  complying  with  the  provisions 
of  such  laws,  than  in  a  private  act  made  to  fit  the  case  of 
an  individual,  whose  person  is  known,  whose  friends  in 
the  Legislature  are  apt  to  sympathize  with  his  misfor- 
tunes, and  in  private  comuiiseration,  or  private  motives, 
lose  sight  of  general  utility. 

Because  notice  of  the  intended  ap])lication  has  not 
hcen  given  according  to  the  rule  laid  down  by  the  Legis- 
lature in  such  cases,  a  rule  never  yet  violated  but  in  a 
single  instance,  and  fonnded  upon  this  obvious  principle 
of  justice,  that  where  the  interests  of  many  may  be  af- 
fected, these  should  have  an  opportunity  of  making 
known  their  objections  to  the  relief  prayed  for. 

Because  it  is  conceived,  that  the  Legislature  has  not, 
in  the  present  case,  the  power  of  granting  the  solicited 
relief.  The  applicant  is  confessedly  a  trader,  and  as  such 
the  proper  object  of  a  liankrupt  law.  Has  this  Legisla- 
ture a  constitutional  right  to  pass  laws  with  respect  to 
bankrupts,  since  its  ratification  of  the  General  Govern- 
ment ?  This  right  is  assumed  by  those  who  are  for  grant- 
ing relief  to  the  i)etitioner.  An  examination  of  the 
reasons  in  support  of  the  right,  will  l)cst  discover  whether 
it  exists  or  not. 

Although  the  Congress  m-iy  make  uniform  i^-ws  on  the 
subject  of  bankrui)[cies  throughout  the  United  States,  it 
is  alleged  that  the  individual  States  retain  the  power  to 
make  bankrupt  laws  until  that  power  shall  be  exercised 


I 


u!' 


,! 


'.i: 


i 


i'       t, 


i     ! 


"* 


1 74  Charles  Carroll  of  Carrollton. 

by  Congress  ;  the  allegation  is  attempted  to  be  supported 
by  the  loth  section  of  the  Form  of  Government,  laying 
restrictions  on  the  respective  States,  and  enumerating 
what  powers  they  shall  not  exercise.  The  inference 
drawn  that  the  several  States  have  a  right  to  exercise  all 
the  powers  from  the  exercise  of  which  they  are  not  ex- 
pressly restrained  by  the  loth  section,  proves  too  much, 
and  would  subvert,  if  admitted  in  practice,  the  very  ends 
for  which  the  General  Government  was  framed.  Among 
many  powers  given  to  Congress,  which  the  particular 
States  are  not  expressly  restricted  from  exercising,  are 
these,  to  regulate  the  value  of  foreign  coin,  and  fix  the 
standard  of  weights  and  measures  ;  to  establish  post- 
offices  and  post-roads  ;  to  define  and  punish  piracies  and 
felonies  committed  on  the  high  seas,  and  offences  against 
the  law  of  nations.  If,  in  all  these  instances,  the  individ- 
ual States  may  exert  similar  posvers,  because  not  re- 
stricted by  the  loth  section,  they  may  make  similar  laws 
with  those  of  Congress,  or  different  on  the  same  subject. 
If  similar  they  are  unnecessary,  if  dissimilar  and  obliga- 
tory, dissonance  and  confusion  would  ensue.  The 
inference  then,  that  the  several  States  may  exercise  con- 
currently with  Congress,  all  the  powers  delegated  to  that 
body,  from  the  exercise  of  which  they  are  not  expressly 
excluded  by  the  loth  section,  is  inadmissible  in  the  ex- 
tent contended  for,  since  the  practice,  in  conformity  with 
such  theory,  would  inevitably  introduce  dissentions  be- 
tween the  general  and  particular  governments  of  the 
States,  and  would  as  certainly  terminate  in  the  most  fatal 
consequences  to  the  American  nations. 

Should  it  be  argued,  that  although  the  power  is  given 
to  Congress  to  establish  'iniform  laws  on  the  subject  of 
bankruptcies,  the  power  may  never  be  exercised,  or  exer- 
cised in  a  limited  degree,  the  answer  is  obvious,  if  much 


Congress  and  Bankrupt  Laws.         i  75 


jgiven 
;ct  of 
lexer- 
mch 


J 


inconvenience  should  be  felt  from  the  suspension  of  the 
power,  its  exorcise  might  be  pressed  upon  Congress  by 
petition  and  remonstrance,  and  there  is  no  reason  to  sup- 
pose that  either  mode  would  fail  of  success.  If  Con- 
gress should  deem  it  expedient  to  confine  the  operation 
of  the  general  law  to  bankrupts  whose  debts  amount  to 
a  sum  specified  in  the  law,  leaving  the  States  to  provide 
for  cases  under  that  sum,  it  is  precipitate  (to  say  the  least) 
to  usurp  a  power  before  we  know  whether  it  will  be  re- 
linquished by  Congress,  and,  if  relincjuished,  what  part  of 
it  will  be  entrusted  to  the  respective  States. 

Of  some  of  the  powers  imparted  to  Congress,  it  is  true, 
each  State  retains  the  exercise,  but,  in  all  cases  where 
the  States  and  Congress  may  exercise  the  same  ])Owers, 
they  must  be  exercised  on  different  objects,  or  if  on  the 
same,  for  different  purposes.  Thus,  for  instance,  Con- 
gress may  establish  post-offices  and  post-roads,  so  may 
the  States,  but  not  in  the  same  places  ;  Congress  may 
fix  the  standard  of  weights  and  measures,  this  power  has 
not  yet  been  exercised,  but  the  laws  respecting  this  mat- 
ter, or  the  usage  equivalent  to  law  of  the  several  States,  re- 
main in  force,  wherefore  it  is  concluded  that  the  States 
may  pass  laws,  if  none  exist  at  present,  particular  or 
general,  on  the  subject  of  bankruptcies.  The  conclu- 
sion is  not  warranted  by  the  premises  ;  the  logical  infer- 
ence is  this,  therefore,  where  the  States  had  subsisting 
bankrupt  laws  previous  to  the  ratification  of  the  General 
Government,  these  remain  in  force,  yet  whether  such 
laws  are  now  in  force  is  very  questionable  ;  the  differ- 
ence between  the  objects  of  them,  not  only  as  to  their 
importance,  but  tendency,  must  be  obvious.  Without 
some  regulation  of  coin,  of  weights  and  of  roads,  the 
whole  business  of  society  would  be  at  a  stand  ;  that  the 
existing  regulations  of  these  matters  should  continue  until 


m 


.ft 


I 


llt,l 


1  ; 


a 


it' 


1.1 


;  i 


J 


',  I 


I  . 


1 76  Charles  Carroll  of  Carrollton. 

new  regulations  are  made  by  Congress,  seems  rather  to 
arist:  from  an  indispensable  necessity,  than  frOm  expedi- 
ency, from  choice,  or  from  riglit,  nor  can  the  continuance 
of  such  regulations  endanger  the  tranquility  of  the  United 
States,  or  involve  them  in  contests  with  foreign  nations. 

Are  the  subsisting  bankrupt  laws,  if  any  do  exist  in 
f(jrce,  equally  necessary  ?  Cannot  the  business  of  society 
go  on  (for  a  time  at  least)  without  such  laws?  If  those 
heretofore  passed,  or  which  may  hereafter  be  passed,  in 
the  several  States,  are  injurious  and  partial,  if  they  en- 
courage frauds,  may  not  tlie  public  harmony  be  inter- 
rupted ?  May  not  the  Confederacy  be  embroiled  with 
foreign  powers,  or  the  credit  of  the  country  be  deeply 
affected  ?  To  prevent  these  mischiefs,  the  power  of 
making  such  laws  (in  future  at  least)  was  partecJ  with  by 
the  several  States,  without  aiiy  express  reservation  or  ad- 
missible implication,  that  the  powers  should  remain  with 
each  until  exercised  by  the  whole  in  Congress  assembled. 

Admitting  the  power  of  the  Legislature  to  give  relief 
to  the  petitioner,  to  be  only  doubtful,  the  commitment 
of  the  bill  for  amendments,  in  order  to  take  the  chance 
of  its  passage  through  this  house,  is  improper  ;  for  the 
expeditious  relief  of  one  person  is  not  of  sufficient  im- 
portance to  warrant  the  assumption  of  a  questionable 
power,  to  arrest  the  process  of  the  Federal  Court,  and 
precipitately  exempt  his  case  from  the  operation  of  a 
general  law,  which  all  admit  Congress  has  the  power  to 
make,  and  which  there  is  cause  to  presume  will  be  made 
during  its  present  session. 

Charles  Carroll  of  Carrollton.'" 

The  contention  made  here  that  the  power  of  mak- 
ing bankrupt  laws  "was  parted  with   by  the  several 

'  Journal  of  the  Maryland  Senate. 


I 


rt,  and 

of  a 

Ikver  to 

de 


ma 


mak- 
fveral 


The  Amei^jcan  Nat  tons. 


^11 


States,  without  any  express  reservation  or  admissi- 
ble  implication,  tliat  the  powers  should  remain  with 
each  until  exercised  by  the  whole  in  Congress  as- 
sembled," has  proved  to  have  been  an  erroneous 
interpretation  of  the  Federal  compact.  While  Con- 
gress has  power  to  "establish  a  uniform  system  of 
bankruptcy  "  and  when  such  a  law  is  passed  it  over- 
rides and  puts  in  abeyance  the  State  laws  on  that 
subject,  yet  Congress  does  not  always  exercise  this 
power,  and  then  State  laws  are  made  in  place  of  the 
Federal  law.  A  State  insolvent  law  passed  in  Mary- 
land many  years  ago,  was  superseded  soon  after  the 
late  war  by  a  bankruptcy  law  passed  by  Congress. 
This  law,  however,  was  repealed,  and  thereupon  the 
old  State  law  at  once  became  operative  again  and  is 
now  in  force,  (1897.) 

It  will  be  observed  that  the  Federalists  of  i/Qr, 
as  represented  by  Charles  Carroll  of  Carrollton,  had 
very  clear  views  as  to  the  Federal  nature  of  the 
United  States  government,  as  the  "  general  govern- 
ments" of  the  States  in  contradistinction  to  the 
"  particular  governments  "  of  the  "  American  na- 
tions." Carroll  calls  it  a  "  Confederacy  "  and  speaks 
of  certain  regulations  as  not  likely  to  "  endanger  the 
tranquillity  of  the  United  States,  or  [to]  involve  thevi 
in  contests  with  foreign  nations."  The  very  name 
"  Federalists  "  was  a  protest  against  consolidation 
and  the  theory  of  nationality.  And  but  for  their 
assertion  of  these  doctrines  by  the  Federalists  of 
1787,  no  "Union"  could  have  been  effected,  other 
than  that  which  held  the  States  together  under  the 
Articles   of  Confederation.     The   first    ten    amend- 


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178  Charles  Carroll  of  Carrolllor. 

ments  to  the  Constitution,  those  important  guar- 
antees of  liberty,  closing  with  the  declaration  of 
the  reserved  powers  of  the  respective  States,  and  of 
the  ultimate  sovereignty  of  the  people  of  the  respec- 
tive States,  were  proposed  in  1789,  and  adopted  in 
this  year,  1791. 

Instructions  were  given  to  Charles  Carroll  of  Car- 
rollton  and  John  Henry,  at  this  time,  to  advocate  in 
Congress,  public  sessions  of  the  Senate.  But  the 
address  of  the  House  of  Delegates,  on  this  subject, 
was  rejected,  and  a  shorter  one  adopted.  The  House 
of  Delegates  had  entered  more  fully  into  the  reasons 
for  deliberating  with  open  doors,  and  spoke  of  the 
advantages  that  resulted  from  the  observance  of  this 
rule  in  the  House  of  Representatives,  when  the  press 
were  enabled  to  furnish  "  all  parts  of  the  Confederacy 
v/ith  an  ample  idea  of  the  capacity  and  conduct  of 
their  immediate  representatives."  The  Maryland 
Senate  altered  the  instructions,  so  as  to  read  as  fol- 
lows: "The  Legislature  of  Maryland,  impressed 
with  the  propriety  of  opening  the  doors  of  [the 
Senate],  recommend  to  your  attention  and  exertions 
the  attainment  of  this  object,  which  they  consider 
as  a  matter  of  importance."  A  bill  was  passed  at 
this  session,  empowering  the  State  to  purchase  a  lot, 
or  lots,  in  the  city  of  Washington,  adjoining  the 
square  appropriated  for  the  residence  of  the  President 
of  the  United  States,  "  sufficient  for  a  house  with  suit- 
able garden  and  improvements  "  to  be  presented  to 
General  Lafayette,  by  Maryland,  to  express  this 
State's  sense  of  his  services  during  the  Revolution.' 

'  Ibid. 


Last  Tei'tn  in  Federal  Senate. 


179 


As  soon  as  [jossiblc  after  the  adjournment  of  the 
Assembly,  December  30th,  Charles  Carroll  repaired 
to  his  seat  in  Congress,  arriving  there  January 
6th,  1792.  A  message  was  received  from  the  Presi- 
dent on  the  5th  of  March,  inclosing  a  trans- 
lation of  a  letter  received  from  the  unfortunate 
Louis  XVI.,  dated  September  19,  1791,  in  which 
this  monarch  writes  to  his  "very  dear.  Great 
Friends  and  Allies  "  telling  of  his  acceptance  of  the 
Constitution  from  the  National  Assembly.  The 
Senate  sent  a  reply,  expressing  their  satisfaction, 
and  the  hope  that  it  "  may  establish  on  a  solid  basis, 
the  freedom  and  prosperity  of  the  French  nation, 
and  the  happiness  and  glory  of  the  Monarch  pre- 
siding over  it."  The  motion,  brought  forward  and 
seconded  by  the  Virginia  Senators,  James  Monroe 
and  Richard  Henry  Lee,  that  the  doors  of  the 
Senate  Chamber  remain  open,  except  in  executive 
session,  was  defeated.  Charles  Carroll,  faithful  to 
his  instructions,  voted  for  it,  while  John  Henry 
voted  against  it  on  his  own  responsibility.  Carroll 
was  put  on  two  or  three  committees  as  the  records 
show,  but  as  Maclay  was  no  longer  present  to  take 
notes  of  the  debates,  but  a  meagre  chronicle  of  the 
proceedings  has  come  down  to  us.  It  was  the  first 
session  of  the  second  Congress,  and  the  last  one  in 
which  Charles  Carroll  was  to  serve.' 

We  find  the  Roman  Catholics  of  America  interest- 
ing themselves,  at  this  time,  in  the  subject  of  the 
missions  to  the  Indians  of  the  United  States  ;  and 
through  Charles  Carroll  of  Carrollton  and  his  cousin 

'  History  of  Congress,  vol.  i.    Senate. 


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1 8o  Charles  Carroll  of  Carrollton. 

the  Rt.  R(  V.  John  Carroll  now  "Archbishop  of  the 
Roman  CathoHc  Church  in  tlic  United  States," 
seeking  to  further  their  benevolent  purpose  by  the 
co-operation  of  the  Executive.  Wasiiington  wrote 
to  the  Archbishop,  from  Philadelphia,  April  lOth, 
saying  he  had  received  and  considered  his  memorial, 
but  that  tlie  war  going  on  then  with  some  of  the 
tribes  of  the  Western  Indians  prevented  any  efforts 
of  such  a  peaceable  nature  in  that  quarter;  while 
the  Five  Nations  were  already  under  the  super- 
intendence of  a  religious  instructor.  The  Eastern 
Indians,  he  believed,  were  considered  a  part  of  the 
iniiabitants  of  Massachusetts,  and  any  ai)pIication 
to  teach  them  must  be  made  to  that  State.'  Letters 
on  this  subject  of  Indian  missions  had  been  sub- 
mitted to  General  Washington  by  Charles  Carroll, 
probably  while  the  latter  was  in  Congress. 

While  JelTerson  and  Maclay  considered  Hamilton 
and  otlier  Federalists  were  striving  to  introduce 
centralizing  measures  into  the  new  government, 
and  were  thus  foes  to  true  liberty,  Carroll  and  his 
allies  returned  the  bad  opinion  of  their  opponents, 
for  reasons  of  a  contrary  nature,  professing  to  think 
that  the  Antifederalists  were  not  "  the  friends  of 
stability."  A  "stable"  government  was  the  aim  of 
all  alike  no  doubt,  but  the  tendency  of  Federalism 
was  to  put  "  Union "  before  liberty,  while  the 
Democrats  then  and  always  have  placed  the  sover- 
eignty of  the  State  and  the  liberty  of  the  indivi- 
dual first,  as  the  objects  of  government,  and  the 
"  Union  "    second,    as   the    means    to    these    ends. 

'  Sparkb's  "  Writings  of  Washington,"  vol.  x.,  p.  22S. 


Letter  to  Alexa7ider  Hamilton.        i8i 


Charles  Carroll  wrote  to  Alexander  Hamilton  from 
Annapolis  in  October  1792,  expressing  freely  his 
views  on  the  political  situation.  Hamilton  had 
written  to  Carrol!,  Sc[)tcmber  z^d,  but  this  letter 
is  not  in  Hamilton's  published  works,  and  one  can 
only  guess  at  the  name  of  the  leading  Antifederalist 

there  mentioned. 

Annai'oi.is,  22(1  October,  1792. 

Dear  Sir  : 

I  received  on  the  7th  instant,  your  favor  of  the  23d, 
past.  I  have  delayed  thus  long  answering  it  with  a  hope 
that  I  might  discover  whether  the  Antifederal  party  in 
the  State  had  in  view  the  person  referred  to  in  your 
letter.  I  suspect  a  communication  of  sentiments  is 
maintained  by  the  leaders  of  this  party  throughout  the 
United  States  ;  however  I  have  not  heard  his  name  even 
whispered.  His  character  I  could  not  well  see  through 
during  the  lime  we  were  together.  I  noticed  a  disposition 
to  perplex  and  puzzle,  which  left  an  unavorable  im- 
pression on  my  mind.  He  appi  ared  to  me  not  to  want 
talents,  but  judgment  and  steadiness  ;  and  I  suspect  he 
possesses  of  ambition  a  quantum  sufficit  for  any  man. 

I  hope  tiie  friends  of  stability,  in  other  words,  the  real 
friends  of  liberty  and  their  country,  will  unite  to  counter- 
act the  schemes  of  men,  who  have  uniformly  manifested 
a  hostile  temper  to  the  present  government  ;  the  adoption 
of  which  has  rescued  these  States  from  that  debility 
and  confusion  and  those  horrors  which  unhappy  France 
has  experienced  of  late,  and  may  still  labor  under.  I 
beg  my  respects  to  Mrs.  Hamilton,  and  remain  with 
sentiments  of  respect  and  regard.  Dear  Sir, 

Your  most  obedient  humble  servant, 
Charles  Carroll  of  Carrollton.' 

'  Hamilton's  "  Works  of  Alexander  Hamilton,"  vol.  v.,  p.  537, 


•I; 


1 82  Charles  Carroll  of  CarroUtou. 


I  ' 


I 


II 


The  Maryland  Senate  met  November  5th,  and 
the  most  important  matters  brought  before  it  were 
the  questions  of  relief  for  insolvent  debtors,  and  the 
provisions  for  the  regulation  of  the  militia.  On  the 
latter  point  the  House  and  Senate  could  not  agree. 
Charles  Carroll  of  Carrollton  brought  in  an  act  at 
this  time  "  for  securing  certain  estates  and  property 
for  the  support  and  uses  of  ministers  of  the  Roman 
Catholic  religion."  A  law  was  passed  at  this  session 
declaring  members  of  Congress,  or  persons  holding 
office  under  the  United  States  government  ineligible 
as  members  of  the  Maryland  Legislature  or  Council. 
This  action  forced  Charles  Carroll  to  lose  bis  seat 
in  the  United  States  Senate  if  he  would  renr.ain  in 
the  Senate  of  Maryland.  And  accordingly  he  sent 
in  his  resignation  from  the  former  body,  ar-d  Richard 
Potts  was  elected  to  fill  the  place  for  the  remainder 
of  Carroll's  term.  The  State  Legislature  was  pre- 
ferred by  Charles  Carroll  to  the  United  State  Con- 
gress, as  he  had  formerly  left  the  Continental 
Congress  to  devote  himself  to  the  work  of  the  Mary- 
land Senate. 

On  the  15th  of  December  the  Senate  replied  to  a 
message  from  the  House  of  Delegates  relating  to 
their  militia  bill ;  objecting  *'  to  the  provision  oblig- 
ing the  whole  of  the  militia  of  the  State  to  exercise 
four  times  in  each  year,"  to  "  some  of  the  fines  as 
being  too  heavy,"  and  to  the  requirement  of  "  im- 
mediately officering  the  whole  militia,  as  thereby 
men  of  talent  may  be  excluded  from  a  seat  in  the 
Legislature,  without  a  prospect  of  correspondent 
advantage."    A  conference  was  proposed  between 


i     I 


Maryland's  Militia  Bill. 


'83 


the  two  Houses,  and  James  Hollyday,  Charles  Car- 
roll of  Carrollton,  and  James  McHenry  were  ap- 
pointed the  Senate  ctimrnittee.  The  conferrees  could 
not  agree,  and  the  bill  was  committed  to  the  three 
gentlemen  above-mentioned  for  amendments.  The 
House  of  Delegates  sent  an  address  to  the  Mary, 
land  Senators  in  Congress,  expressing  their  regret  at 
the  failure  of  the  motion  "  to  open  the  doors  of 
their  House  "  [the  United  States  Senate].  They 
considered  that  "  Mystery  is  the  garb  of  tyranny." 
The  House  returned  to  the  Senate,  December 
21st,  the  bill  for  the  relief  of  insolvent  debtors,  ex- 
pressing the  wish  that  the  Senate  would  assent  to 
it,  as  **  many  of  them  must  otherwise  remain  im- 
mersed in  gaol."  The  Senate  resolved  to  reconsider 
the  bill,  Charles  Carroll  alone  voting  in  the  nega- 
tive. When  the  vote  was  taken  to  pass  the  bill  as 
amended  by  the  House,  six  were  in  favor  and  four 
against  it,  Charles  Carroll  of  Carrollton  and  John 
Eager  Howard  giving  two  of  *he  negatives  votes. 
In  regard  to  the  Dutch  loan,  the  Treasurtr  of  the 
Western  Shore  was  instructed  by  the  House  of 
Delegates  to  "  pay  to  Samuel  Sterett,  agent  of 
Messrs.  Van  Staphorst,  the  sum  of  one  hundred  and 
fifty  pounds,  on  the  order  of  Charles  Carroll  of 
Carrollton,  one  of  the  Commissioners  of  the  State, 
which  is  in  full  discharge  of  all  claims  and  demands 
for  interest  on  the  aforesaid  loan."  '  Charles  Carroll 
and  John  Eager  Howard  were  appointed  a  commit- 
tee to  answer  the  message  from  the  House  on  the 
Militia   Bill,   and   this  reply  was  delivered  to  the 

'  Journal  of  the  Maryland  Senate. 


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184         Charles  Carroll  of  Carrollton, 

House,  December  2Jst,  by  Carroll,  who  no  doubt 
penned  it.     It  is  as  follows: 

*'  Gentlemen  :  We  lament  that  you  have  rejected  our 
amendments  to  the  militia  bill,  and  that  you  have  re- 
turned it,  at  this  late  period  of  the  session,  for  considera- 
tion,  without  assigning  any  reasons  for  your  rejection 
of  them. 

We  cannot  recede  from  the  amendments  you  have 
rejected,  because  the  modification  proposed,  we  think, 
is  a  substantial  compliance  with  the  act  of  Congress,  and 
not  liable  to  the  many  evil  consequences  that  would  re- 
sult from  training,  at  the  same  time,  all  persons  enrolled 
between  eighteen  and  forty-five  years  of  age.  On  a 
moderate  calculation,  the  persons  to  be  enrolled,  (and 
not  permanently  exempted  by  the  act  of  Congress,  and 
our  own  amendments  to  your  bill,  from  militia  duty), 
will  amount  to  thirty  thousand,  the  daily  labor  of  each 
of  whom  may  be  fairly  rated,  on  an  average,  at  half  a 
crown  ;  the  four  days  training,  enjoined  by  the  bill, 
would,  on  this  calculation,  amount  to  fifteen  thousand 
pounds  ;  a  serious  loss  to  the  community  at  large,  but 
more  so  to  the  persons  immediately  sustaining  it. 

The  supposition  is  highly  probable,  that  there  are  not 
firearms  in  the  State  more  than  sufficient  to  arm  seven 
thousand  men,  the  number  which  the  division  we  pro- 
pose to  train  during  the  first  three  years  would  nearly 
amount  to. 

No  exigency,  we  apprehend,  can  suddenly  arise,  which 
would  authorize  the  President  of  the  United  States  to 
call  on  this  State  for  a  greater  number  of  militia  than 
four  thousand  ;  yet,  should  such  exigency  unexpectedly 
happen,  our  amendments  provide  for  it. 

The  selection  prescribed  by  those  amendments  will  be 


1; 


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w 


Senate  Amendments  Rejected,  185 


a  considerable  saving  to  the  State,  and  great  ease  to  the 
people.  It  must  be  admitted  that  four  days  exerrise 
throughout  the  year  will  not  give  the  militia  even  a 
tincture  of  military  discipline  ;  but  when  embodied  and 
officered  (should  they  be  called  into  actual  service)  the 
habits  and  duties  of  a  soldier  will  be  best  acquired  and 
learnt  by  the  jjractice  of  the  field,  and  of  real  warfare. 
The  principal  object  Cotigress  had  in  view  (as  appears 
to  us)  was  to  have  the  fencibles  so  arranged,  that  if  the 
peace  of  the  society  should  be  endangered  or  attacked 
by  external  or  internal  enemies,  a  force  might  be  ready 
for  its  defence,  and  so  organized  as  to  be  able  to  march 
on  due  notice  of  the  danger  or  attack. 

If  this  was  the  intention  of  Congress,  it  will  be  better 
executed  by  our  plan  than  by  the  one  your  bill  has 
adopted.  The  bill,  however,  as  amended,  you  may  per- 
haps think  is  not  a  compliance  with  the  law  of  the 
United  States  ;  for  every  salutary  purpose,  the  preceding 
reasons  prove,  in  our  opinion,  that  the  bill,  if  framed  in 
conformity  to  our  amendments  would  be  a  real  compli- 
ance with  the  principal  design  of  the  Federal  Legisla- 
ture ;  but  there  are  not  wanting  arguments  to  show,  that 
so  amended,  it  would  be  a  literal  compliance.  It  is  ob- 
servable, that  a  discretionary  power,  in  some  respects 
indefinite,  is  left  by  the  act  of  Congress  to  the  State 
Legislatures.  We  may  fairly  presume,  that  not  only 
permanent  exemptions  were  intended  by  the  second  sec- 
tion of  that  act,  but  temporary  exemptions  also,  should 
the  respective  States  deem  it  convenient,  or  conducive 
to  their  interests  to  make  such.  The  words  of  the  law 
are  comprehensive  enough  to  include  exemptions  of  the 
latter  description,  'all  persons  who  now  are,  or  may 
hereafter  be  exempted  by  the  laws  of  the  respective 
States,  shall  be  and  are  hereby  exempted  from  military 


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1 86         C/mr/cs  Carroll  of  CarrollloiL 

duty,  notwithstanding  their  being  above  the  age  of  eigh- 
teen and  under  the  age  of  forty-five  years.'  Could  words 
more  comprehensive  be  made  use  of  ?  All  persons,  says 
the  act,  may  be  exempted  from  militia  duty  by  the  re- 
spective States.  In  virtue  of  this  discretion  left  with  the 
States,  they  may  exempt  entire  bodies  of  men  from 
ujilitia  duty  ;  for  instance  if  the  Legislature  had  thought 
fit  it  might  surely,  under  this  power,  without  requiring 
an  equivalent  in  money  in  lieu  of  personal  service,  have 
exempted  all  persons  conscientiously  scrupulous  of  bear- 
ing arms  ;  this  inference  you  will  not  deny,  but  may, 
perhaps,  contend  that  these  exemptions  can  be  construed 
to  relate  only  to  such  as  are  permanent.  This  construc- 
tion is  not  warranted  even  by  the  letter  of  the  law,  much 
less  by  its  spirit  ;  for  the  words  permanent  exemptions 
are  not  to  be  found,  as  placed  in  opposition  to,  or  as 
contradistinguished  from  temporary  exemptions. 

The  amendments  impose  the  obligation  of  enrolling 
all  free,  white,  male  inhabitants  mentioned  in  the  act  of 
Congress,  (except  such  as  by  that  act  and  our  amend- 
ments are  excepted  ;  )  but  they  suspend  for  a  term  of 
years  the  performance  of  militia  duty  by  those  who  may 
not  be  selected  to  compose  the  division  subjected  to  that 
duty  for  the  first  term  of  three  years.  Why,  it  may  be 
asked,  should  we  have  the  power  to  exempt  permanently 
from  militia  duty  an  entire  class  or  classes  of  men 
within  the  prescribed  age,  and  not  have  the  lesser  power 
to  exempt  them  for  a  time  only  from  that  duty  ?  Can  a 
reasonable  solution  be  given  to  this  question  ?  Every 
reason  of  policy,  convenience  and  economy,  make  in 
favor  of  the  lesser  power  ;  the  Constitution  of  the  United 
States,  paramount  to  all  laws  of  Congress,  justifies,  in 
this  case,  the  assumption  and  exercise  of  the  lesser  power. 
By  that  Constitution,  Congress  is  to  provide  for  organiz- 


s. 


Message  to  the  House  by  CarrolL       187 

ing,  arming  and  disciplining,  the  militia,  and  for  the 
government  of  such  part  of  them  as  may  be  employed  in 
the  service  of  the  United  States  ;  but  the  appointment 
of  the  officers,  and  the  authority  of  training  the  militia, 
are  reserved  to  the  respective  States  ;  wherefore  these 
States  are  at  liberty  to  train  their  militia  often  or  seldom, 
a  part  or  the  whole,  one  part  during  one  period  of  years, 
and  another  part  during  another  period,  these  being 
only  different  modifications  of  the  authority  reserved  to 
the  States.  To  assert,  that  the  States  have  not  the  power 
to  exempt  from  militia  duty  for  a  time  only  (where  not 
called  into  the  service  of  the  United  States)  a  part  of 
their  militia,  and  to  admit  that  they  have  the  right  ex- 
l)ressly  recognized  by  the  Federal  Constitution,  to  exer- 
cise the  militia  under  tlie  modifications  just  mentioned 
is  such  a  contradiction  as  not  to  be  reconciled  in  any  other 
manner  than  by  the  construction  we  have  put  on 
the  act  of  Congress,  a  construction  which  reconciles  that 
act  with  the  power  delegated,  which  abundantly  provides 
(as  far  as  numbers  are  concerned)  for  the  protection  of 
the  United  States,  and  of  each  individual  State,  and 
unites  two  important  political  objects,  economy  and  safety. 
Induced  by  the  above  reasons,  and  others  which  we 
have  not  time  to  enumerate  and  enforce,  we  adhere  to 
our  amendments  ;  our  adherence  cannot  possibly  injure 
the  United  States,  and  will  greatly  benefit  our  own.  We 
therefore  return  the  bill  for  your  further  consideration, 
not  doubting  but  that  you  will  adopt  the  amendments 
we  have  made  to  it,  and  that  you  will  prefer  having  a 
militia  law  upon  the  plan  those  amendments  hold  out, 
to  breaking  up  without  carrying  into  effect  the  act  of 
Congress,  and  leaving  the  State  entirely  destitute  of  a 
militia  until  the  next  annual  session."  ' 

•  IHd, 


I 


I 


\ 


1 


t., 


i8S 


Charles  Carroll  of  Carrolltou. 


Tlic  address  of  tlu-  House  of  DclcL^atcs  to  John 
Henry  ami  Richard  I'otts  relative  to  open  sessions 
of  the  United  States  Senate,  was  not  approved  of  by 
the  Maryland  Senate,  and  they  substituted  a  brief 
resolution  in  its  place.  Hut  the  House  was  not  sat- 
isfied with  the  guarded  ami  lukewarm  lanj^aiaj^c  of 
the  Senate,  and  they  were  justly  indi»^nant  with 
Henry  for  disrei^arditig  his  instructions.  They  sent 
up  to  the  Senate,  accordingly,  these  decided  resolu- 
tions of  censure : 

''^Resolved :  I'luil  il  is  the  opinion  of  this  General  As- 
sembly, that  we  are  the  immediate  constituents  of  the  Sen- 
ators representing  this  Slate  in  the  Senate  of  the  United 
States,  and  thai  as  such,  we  have  the  undoubted  right  of 
instructing  them  whenever  we  shall  think  necessary. 

Resolved :  That  we  do  disajjprove  of  the  conduct  of  one 
of  our  Senators  aforesaid,  in  acting  in  direct  opposition 
to  our  instructions  given  at  November  session,  1791. 

Resolved :  That  ic  is  the  opinion  of  this  General  As- 
sembly that  the  opening  of  the  doors  of  the  Senate  of 
the  United  States,  when  sitting  in  their  legislative  capac- 
ity, vvill  greatly  promote  that  confidence  in  the  measures 
of  the  general  government  so  essential  to  ihe  prosperity 
of  the  Union. 

Resolved:  That  it  is  the  opinion  of  this  General  As- 
sembly, that  every  exertion  ought  to  be  made  by  our 
Senators  aforesaid,  at  the  present  session,  to  obtain  this 
desirable  object. 

Resolved :  That  the  Hon.  the  President  of  the  Senate 
and  Speaker  of  the  House  of  Delegates  be,  and  they  are 
hereby,  requested  to  transmit  a  copy  of  these  resolves 
to  the  Hon.  J.  Henry  and  Rd.  Potts."  ' 


No  Agreement  Reached, 


189 


Messages  on  the  sul)jcct  of  llu-  Militia  Hill  wont 
brick  and  foitli  l)L't\vc«*n  the  House  and  Senate,  and 
finally  the  lalli-r.  on  the  251!  of  December  an- 
nounced their  ultimatum,  that  the)'  had  rejected  the 


latest   Mouse  anu  .idment,  **  to 


enum 


erate  the  fenci- 


ble  inhabitants  of  this  State,  as  invo!vin{.j  the  ques- 
tion upon  which  the  two  branches  have  differed,  and 
not  bein^  aj^reeable  to  the  \\\\\  of  Congress,"  and 
were  ready    to    close    the  sessii-n.      I'he    House  rc- 


spon 


l\^l\ 


\\\  terse  an( 


1  dot 


eniiMK 


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in'iuaee 


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it  pi 


ease   \'(jur 


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onors 


\\ 


are  ,  eadx*  .u 


close  tlie 


session,  and  will  meet  your  Hones  mimediately  for 
that  purpose.  The  journals 'f  uie  House  will  sat- 
.fy 


isiy  our  constituents  wnetner  we  were   tor  carrying 
the  acts  of  Congri  ss  into  execution  or  not-  "' 

An  interesting  account  of  this  session  ot  the 
Maryland  Assembly  is  given  by  Charley  Carroll,  in 
letters  to  his  friend,  and  recent  colleague  in  Congress, 
John  Henry.  It  is  to  be  regretted  that  Henry's 
letters  in  reply,  containing  doubtless  much  about 
the  proceedings  in  the  United  States  Senate  at  this 
time,  have  not  been  preserved. 

Annapolis,  3rd  December,  1792. 
Dear  Sir  ; 

Last  Friday,  the  law  disqualifying  members  of  Congress 
from  holding  seats  in  our  Legislature,  &:c,  passed  the 
Senate,  myself  and  Mr  Worthington  only  voting  in  the 
negative.  On  the  same  day  I  resigned  my  seat  in  the 
Senate  of  the  United  States.  To  UK^rrow  my  successor 
will  he  appointed— ih^ee  persons  are  mentioned,  Mr. 
Potts,  James   McHenry  and  Col.    Stone.      Thus  1  have 

'  Ibid. 


1  *    *i.j' 


i 

si    -n 


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1 90         Charles  Carroll  of  Carrollton. 

got  rid  of  a  trust  which  I  really  accepted  with  reluctance 
and  which,  I  assure  you,  hung  heavy  on  my  mind.  I 
was  mindful  of  the  advice  of  Horace  — 

Solve  senescentem  mature  sanus  equum, 
i\V  peccet  ad  extremum  ridendus,  et 
Ilia  ducat. 

Our  electors  of  the  President  and  Vice-President  are 
chosen  ;  Hanson,  J.  E.  Howard,  Thomas  S.  Lee,  Potts, 
Sam  Hughes,  Richardson,  Ja.  Seney,  (two  names  illegi- 
ble). I  forget  the  other  two.  It  is  said  they  will  all 
vote  in  favor  of  Mr.  J  no.  Adams.  I  should  be  sorry  to 
see  that  gentleman  not  chosen  Vice-President.  He  was 
a  patriot  in  the  worst  of  times  and  has  rendered  his 
country  signal  services.  He  has  not  merited  such  a 
slight  from  his  countrymen,  as  some  are  endeavoring,  I 
fear,  to  throw  upon  him.  The  H.  of  D.  has  rejected  a 
militia  Bill  originated  in  the  Senate,  the  exact  counter- 
part of  the  act  of  Congress,  and  every  bit  as  harmless. 
We  went  a  great  way  in  our  exemptions,  for  we  exempted 
\  of  the  militia  from  mustering — our  Bill  hinted  at  a 
rotatory  militia,  in  which  I  think  it  was  better  than  that 
of  Congress,  if  between  two  very  bad  things,  one  may  be 
held  to  be  better  than  the  other. 

How  goes  on  the  enquiry  into  the  failure  of  the  ex- 
pedition against  the  Indians  ?  Is  the  Secretary  of  the 
Treasury  as  much  the  subject  of  debate  and  conversation 
as  during  the  last  session  ?  I  believe  our  session  will  be 
protracted  till  near  Xmas  ;  we  shall  spend  between  seven 
and  eight  thousand  pounds,  and  not  do  a  sixpence  worth 
of  good.  Another  insolvent  debtors  Bill — will  the 
matter  be  taken  up  by  Congress  ?  We  shall  have  another 
Assessment  Law — this  is  necessary  from  the  great  change 
of  property  since  the  last  assessment.     Its  principle,  I 


1. 


Letters  to  John  Henry. 


191 


am  ignorant  of,  neither  do  I  know  whether  a  tax  will  be 
imposed.  I  believe  1  mentioned  in  my  former  letter, 
that  we  (Johnson,  Forrest  and  myself)  had  settled  the 
Van  Chapports,  [Van  Staphorsts  ?]  claim. 

If  anything  new  and  interesting  turns  up,  drop  me  a 
line  or  two.  Though  not  a  player  myself,  I  shall  find 
myself  in  the  game  that  is  played. 

With  regard  and  respect,  I  remain  Dr.  Sir, 
Your  most  humble  servant 

Ch.  Carroll  of  Carr(M.lton. 
To  Hbl.  John  Henry,  Esq.,  in  Congress,  Philadelphia.' 

Annapolis,  i6th  December,  1792. 
Dear  Sir  : 

I  received  the  14th  instant  last  your  favor  of  the  nth. 
Since  mv  last  we  have  received  from  the  H.  of  D.  the 
militia  and  assessment  bill  ;  the  latter  does  not  lay  any 
rate,  only  directs  the  mode  of  valuing  property,  appoints 
commissioners  etc.  The  former,  the  Militia  bill  we  shall 
not  pass  in  itn  present  form  ;  it  subjects  the  whole  of  the 
fencible  men  between  18  and  45  years  of  age,  amounting 
at  least  to  30,000  to  muster  four  times  a  year  in  com- 
panies, battalions  and  regiments.  We  propose  to  enroll 
in  conformity  to  the  Act  of  Congress  all  fencibles  between 
1 8  and  45  years  of  age,  but  then  to  direct  the  Governor 
and  Council  only  to  muster  300  four  times  a  year,  a  part 
of  these  (about  five  thousand)  when  so  enrolled.  I  think 
the  Act  of  Congress  may  be  so  construed  as  to  suffer  us 
to  throw  in  such  a  clause  into  our  Militia  bill.  Rest  as- 
sured the  mustering  so  large  a  body  of  men  as  those  will 
amount  to  between  18  and  45  years  of  age,  throughout  the 

'  "  Memoir  of  John  Henry,  By  one  of  His  Grandsons"  [Daniel 
Maynadier  Henry],  p.  16,  February,  1887. 


i' 


m 


m 


m 


192         Charles  Carroll  of  Carrollton, 


)\  1 


United  States  will  be  a  very  serious  evil  and  felt  as  such 
when  we  come  to  experience  the  consequences  which  will 
inevitably  arise  from  such  large  assemblages  of  men  ; 
and  waste  of  time  and  drunkenness  will  be  the  least 
pernicious  of  these  consequences. 

I  fear,  as  you  do,  that  our  State  will  be  found  greatly 
behind  on  a  settlement  of  accounts  ;  this  fear  always 
inclined  me  to  assume  the  State  debts,  as  reported  by  the 
Secretary,  and  to  have  no  settlement.  I  am  confident 
you  will  be  pleased  with  Mr.  Potts  on  a  better  acquaint- 
ance, and  the  good  opinion  you  now  entertain  of  him 
will  be  increased  in  proportion  to  your  personal  knowl- 
edge of  his  character.  Please  to  inform  me,  as  soon  as  you 
can,  what  alterations  of  the  judicial  system  are  in  contem- 
plation, I  have  heard  it  rumored  that  the  State  judges  are 
to  be  made  judges  of  the  United  States, within  the  jurisdic- 
tion or  boundaries  of  each  State,  and  the  Supreme  Court 
to  be  sedentary  at  the  seat  of  Congress.  Such  a  system 
will  never  answer.  Our  Constitution  militates  against 
such  an  arrangement.  By  the  30th  section  of  our  De- 
claration of  Rights  it  is  provided,  no  chancellor  or  judge 
ought  to  hold  any  other  office  civil  or  military,  or  receive 
perquisites  of  any  kind.  Is  not  the  office  of  judge  of  the 
United  State  another  office,  and  distinct  from  that  of 
judge  of  this  State  ?  Again  section  32  of  the  Declaration 
of  Rights  says,  no  person  ought  to  hold  at  the  same  time 
more  than  one  office  of  profit,  nor  ought  any  person  etc. 
Supposing  an  ingenious  or  prostitute  lawyer  could  quib- 
ble away  these  sections,  so  as  to  perplex  and  render 
doubtful  what  to  common  sense  is  plain  and  obvious,  our 
late  law,  which  is  now  become  a  part  of  our  Constitution, 
puts  the  thing  beyond  all  dispute.  No  person  holding  an 
office  under  the  United  States  can  now  hold  an  office 
under  the  State,  so  that  the  acceptance  of  judge  of  the 


State  and  Federal  Judges, 


193 


United  States  would  vacate  the  commission  of  the  office 
of  judge  of  this  State. 

It  gives  me  pleasure  to  hear  that  Mr.  Adams  will  be 
elected  Vice-President  by  a  considerable  majority.  I 
beg  my  respects  to  that  gentleman.  We  have  served 
tog;ether  in  hard  times,  and  I  set  a  great  value  on  his 
services,  and  I  feel  a  sincere  regard  for  all  who  stood 
firm  in  the  most  dangerous  and  critical  situation  of  our 
affairs.  When  I  think  of  those  times  the  line  of  Virgil 
always  occurs  to  me  : 

Forsan  et  haec  olim  meminisse  juvabit. 

I  forgot  to   send   to  the  post-office   last   night   to  see 
whether  there  were  any  letters  from  you.     I  am  afraid 
this  will  be  too  late  for  this  day's  boat,  however  I  shall 
send  it  to  the  post-office. 
With  sentiments  of  respect  and  regard  I  am.  Dear  Sir, 

Your  most  humble  servant 
Ch.  Carroll  of  Carrollton.' 

Annapolis,  23rd  December,  1792. 
Dear  Sir  : 

Our  Assembly  rose  this  afternoon  ;  by  the  printed  list 
of  laws  passed  this  session  and  enclosed,  you  will  be  able 
to  form  some  judgment  how  we  have  been  employed  for 
these  seven  or  eight  weeks.  The  two  houses  could  not 
agree  upon  a  militia  law,  so  nothing  is  done  in  that  busi- 
ness. The  H.  of  Delegates  wanted  all  fencibles  between 
18  and  45  years  of  age  to  be  enrolled  and  officered. 
This  appeared  to  the  Senate  unnecessary  and  mischiev- 
ous. 

This  morning  we  sent  them  a  short  bill  empowering 
the  assessors  to  take  and  return  lists  of  the  free,  while, 

'  MS  :  Letter,  owned  by  Mr.  J.  Winfield  Henry  of  Baltimore. 

VOL.  II — 13 


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'J\  \ 


1 94         Charles  Carroll  of  Carrollton, 


;:i    il 


!     \{ 


« 


male  citizens  between  18  and  45  years  to  the  commis- 
sioners of  the  tax,  who  were  to  send  these  lists  to  the 
Governor  and  Council  to  be  laid  before  the  Assembly  at 
the  next  annual  session.  To  this  the  other  house  would 
not  consent,  although  the  very  thing  was  prescribed  by 
this  Militia  Bill,  unless  we  would  adopt  a  proposed 
amendment  empowering  the  Governor  and  Council  to 
officer  the  persons  so  listed.  A  rage  to  be  Major-Gen- 
erals, Brigadiers,  Colonels  etc.,  etc.,  was,  I  believe,  the 
lone  motive  and  at  the  bottom  of  this  seeming  earnest 
desire  to  comply  most  Hterally  with  the  Act  of  Congress. 
Never  in  my  judgment  did  a  body  of  wise  men  pass  so 
mischievous  an  act,  as  the  Militia  law  of  Congress ; 
experience  and  time  will  discover  the  truth  of  this  asser- 
tion. To  a  man  of  sense  and  foresight  it  is  needless  to 
adduce  arguments  to  prove  it.  Although  we  have  passed 
a  law  for  the  valuation  of  property,  we  have  laid  no  tax. 
We  have  passed  a  law  giving  the  Chancellor,  for  all  ser- 
vice^ /,(?,  as  Chancellor  and  Judge  of  the  Land  Office,  a 
permanent  salary  of  ;^9So.  The  law  imposes  certain 
fees  on  proceedings  in  Chancery  and  Land  Office,  as 
will  produce,  it  is  thought,  a  sum  at  least  equal  to  the 
salary  ;  should  there  be  a  deficiency  it  is  to  be  made  up 
out  of  the  aggregate  revenue. 

The  House  of  Delegates  was  very  strenuous  for  in- 
structions to  our  Senators  for  opening  the  doors  of  your 
Senate  ;  these  instructions  or  resolutions  being  personal 
in  some  degree,  and  containing  some  very  questionable 
positions,  were  rejected  by  the  Senate  ;  so  that  you  will 
have  no  instructions  on  the  point  from  this  recent  House 
of  Delegates.  Your  letter  of  the  i6th  instant  I  received 
the  23rd,  with  the  newspaper  containing  an  account  of  the 
retreat  of  the  Duke  of  Brunswick,  and  the  rodomontade 


•i: 


A  Friend  to  Free  Government. 


195 


letter  of  Dumouriez  to  Servan.  Thus  the  anarchy  of 
France  will  subsist  some  months  longer.  I  am  as  strong  a 
friend  to  a  free  Government  as  any  one  ;  but  I  am  con- 
fident no  real  feedom  can  be  enjoyed  in  France  under  the 
existing  system  ;  a  democratical  Assembly  consisting  of 
seven  or  eight  hundred  members,  without  any  control,  and 
without  the  most  vigorous  executive,  must  produce  a 
worst  despotism  than  that  of  Turkey. 

I  hope  the  Secretary's  plan  for  the  reduction  of  the 
debt,  or  something  like  it,  will  be  adopted  ;  but  I  per- 
ceive there  is  a  party  opposed  to  the  means,  who  wish, 
or  pretend  to  wish,  the  accomplishment  of  the  desired 
object.  If  you  can  send  me  the  Secretary's  report  on 
that  subject  by  some  safe,  private  conveyance,  you  will 
oblige  me.  The  newspapers  I  do  not  get  regularly,  and 
when  I  do,  I  can't  keep  them.  Thus  I  have  only  a  part 
of  the  report  in  one  newspaper,  and  part  in  another  ; 
the  one  is  lost  before  the  other  gets  to  hand.  I  wish 
to  have  the  report  altogether  in  one  publication  and  in 
a  good  print. 

What  has  been  done,  or  is  doing  with  respect  to  the 
proposed  alterations  of  the  Federal  Judiciary  ?  What 
alterations  of  the  present  system  are  in  contempla- 
tion ?  I  requested  you  to  answer  a  similar  question  in  a 
former  letter  which  I  presume  has  escaped  your  memory. 
Do  you  lodge  at  Mrs.  Houses  ?  If  you  do  and  the  same 
lodgers  compose  your  mess  as  last  year,  please  to  present 
my  respects  and  remembrance  to  them.  Mercer,  told 
me  that  Giles  and  some  of  my  old  acquaintances  agreed 
with  him,  that  if  I  possessed  only  ;^2o,ooo  I  should  be  a 
Jacobite.  Perhaps  was  I  worth  nothing  I  might  affect  to 
adopt  their  principles,  and  imitate  their  conduct,  with 
the  hope  of  getting  something. 


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'^1' 


196         Charles  Carroll  of  Car rollton. 

I  wish  you  health  and  the  compliments  of  the  season, 
and  remain  with  regard  and  respect,  Dear  Sir, 

Your  most  humble  servant 
Ch.  Carroll  of  Carrollton.' 


MS  :  Letter  owned  by  G.  W.  Vamum,  M.D.,  Coronado,  Califor- 


nia. 


\}  ";ii 


1 


^ip= 


CHAPTER   VI. 


A  MARYLAND   FEDERALIST. 


1 793- '799- 

PRESIDENT  WASHINGTON  wishing  to  show 
his  appreciation  of  Charles  Carroll's  services, 
took  the  earliest  opportunity  after  the  latter's  retire- 
ment from  Congress  to  nominate  him  one  of  three 
Commissoners  to  treat  with  the  Western  Indians, 
writing  to  him  on  the  subject  from  Philadelphia, 
January  23,  1793: 

Dear  Sir  : 

The  Western  Indians  having  proposed  to  us  a  confer- 
ence at  Anglaise,  not  far  distant  from  Detroit,  in  the 
ensuing  spring,  I  am  now  about  to  proceed  to  nominate 
three  Commissioners  to  meet  and  treat  with  them  on  the 
subject  of  peace.  What  may  be  the  issue  of  the  confer- 
ence it  is  difficult  to  foresee,  but  it  is  extremely  essential, 
that,  whatever  it  be,  it  should  carry  with  it  the  perfect 
confidence  of  our  citizens,  that  every  endeavour  has  been 
used  to  obtain  peace,  which  their  interests  would  permit. 
For  this  reason  it  is  necessary,  that  characters  be  ap- 
pointed, who  are  known  to  our  citizens  for  their  talents 

197 


1% 


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198  Charles  Carroll  of  Carrollton. 


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and  integrity,  and  whose  situation  in  life  places  them 
clear  of  every  suspicion  of  a  wish  to  prolong  the  war  ;  or 
say,  rather,  whose  interest  in  common  with  that  of  their 
country  is  clearly  to  produce  peace.  Characters  uniting 
these  desiderata  do  not  abound.  Some  of  them  too  are 
in  offices  inconsistent  with  the  appointment  now  in 
question,  and  others  under  impediments  of  health  or 
other  circumstances,  so  as  to  circumscribe  the  choice 
within  a  small  circle.  Desirous  in  the  first  instance, 
that  you  should  be  in  this  Commission,  I  have  mentioned 
these  difficulties  to  show  you,  in  the  event  of  your  declin- 
ing, how  serious  they  are,  and  to  induce  you  to  come 
forward  and  perform  this  important  service  to  your 
country,  a  service  with  which  its  prosperity  and  tranquil- 
lity are  intimately  connected. 

It  will  be  necessary  to  set  out  from  this  place  about 
the  first  of  May.  The  route  will  be  by  the  North  River 
and  Niagara.  It  will  be  safe,  and  the  measures  for  your 
comfortable  transportation  and  subsistence  will  be  taken 
as  effectually  as  circumstances  will  admit.  Will  you  then 
permit  me.  Sir,  to  nominate  you  as  one  of  the  Commis- 
sioners, with  a  certain  reliance  on  your  acceptance  ? 
Your  answer  to  this  by  the  first  post  will  oblige 

Dear  Sir,  etc. 

G.  Washington.' 

To  this  letter  Charles  Carroll  replied   promptly, 

expressing  his  regret  at  being  obliged  to  decline  the 

appointment : 

Annapolis,  28th  January,  1793. 
Dear  Sir  : 

I  received  the  2Sth  instant,  late  in  the  evening  your 

letter  of  the  23rd.     Early  in  the  morning  of  the  26th  the 

post  left  this  place,  so  that  I  had  not  sufficient  time  to 

'  Sparks's  "Writings  of  Washington,"  vol.  x.,  p.  313. 


1793. 


Declines  a  Difficult  Journey.  1 99 

make  up  my  mind  respecting  the  acceptance  or  refusal  of 
the  commission  mentioned  in  your  letter,  nor  to  inform 
you  by  last  Saturday's  post  of  my  determination. 

I  have  seriously  weighed  the  reasons  urged  to  induce 
me  to  accept  the  trust.  I  feel  their  force,  and  am  sensi- 
ble that  the  number  of  citizens,  from  which  characters  in 
every  respect  proper  for  the  intended  negotiation  can  be 
selected,  is  unfortunately  too  circumscribed.  No  one 
more  ardently  wishes  than  I  do,  for  peace  with  the  hostile 
tribes,  upon  terms  not  dishonorable  to  our  country.  My 
time  I  would  cheerfully  give,  and  I  would  endeavour  to 
exert  what  talents  I  may  possess,  and  should  be  extremely 
happy  in  being  instrumental  in  accomplishing  an  object 
of  such  importance  to  the  United  States.  But  the  length 
and  unavoidable  difficulties  of  the  journey  deter  me  from 
undertaking  it.  The  infirmities  of  age  are  coming  fast 
upon  me.  I  do  not  think  I  could  endure  the  fatigue  of 
so  long  a  journey,  part  of  it  through  the  wilderness,  with- 
out imminent  danger  to  my  health.  I  am  very  liable  to 
take  cold  in  changing  of  my  lodgings,  and  I  never  get 
cold  without  affecting  my  breast,  and  leaving  a  trouble- 
some cough  which  I  seldom  shake  off  for  a  month  or  two 
afterwards.  The  anxiety  too  of  mind  I  should  experi- 
ence from  the  responsibility  of  the  station  and  dread  of 
not  answering  yours  and  the  public  expectation  and 
wishes  would  also  greatly  contribute  to  derange  my  health 
and  really  might  disqualify  me  for  the  business.  I  hope 
these  reasons  which  I  have  candidly  assigned,  will  justify 
me,  my  dear  sir,  in  your  opinion  for  declining  the  com- 
mission with  which  you  wish  to  honor  me. 

I  am  with  sentiments  of  the  highest  esteem  and  regard, 
dear  sir.    Your  affectionate  and  most  humble  servant 
Charles  Carroll  of  Carrollton.' 

"  MS  :  Letter.     Collection  of  Dr.  Emmett. 


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200         Charles  Carroll  of  Carrollton. 

The  two  youngest  children  of  Charles  Carroll  of 
Carrolton,  Charles  and  Catherine,  then  respectively 
nineteen  and  sixteen  years  of  age,  returned  from 
Europe  in  the  fall  of  1794.  The  perils  of  the  sea,  at 
this  time,  were  increased  by  the  dangers  of  capture, 
incident  to  the  war  between  France  and  England. 
And  Cliarles  Carroll  in  writing  of  the  arrival  of  his 
son  and  daughter,  to  Mr.  Joshua  Johnson  in  London 
from  whose  house  they  had  sailed,  tells  of  their  ad- 
venture with  a  French  privateer. 

"  DouGHERAGEN,  8th  October,  1794. 
"  Dear  Sir  : 

"  My  son  and  daughter  reached  this  place  in  good  health 

on  the  26th  past.      The  vessel  on  which  they  took  their 

passage   frotn   London  was  captured  at  some  distance 

from  this  coast  by  the  French  privateer  Sans  Paretic  who 

was  proceeding  to  the  West  Indies  with  her  prize,  when 

luckily  they  fell  in  with  the  snow  Pallas  bound  to  Kene- 

boenk  in  Massachusetts.      The  privateer  compelled  the 

captain  of  the  Pallas  to  take  the  passengers  and  crew  on 

board,  and  for  30  guineas  landed  them  in  Boston."  ' 

Among  the  French  royalist  refugees  in  America 
in  these  years,  was  the  Rev.  Mr.  Perigny,  a  doctor 
of  the  Sorbonne,  who  was  invited  to  reside  at  the 
Manor  by  Charles  Carroll,  and  officiate  there  as 
chaplain.  When  the  first  public  library  was  organ- 
ized in  Baltimore  in  1795,  Bishop  Carroll  was  promi- 
nent as  one  of  its  patrons,  and  Charles  Carroll  of 
Carrollton  was  a  member.  Mons.  de  Perigny  was 
made  the  first  librarian,  and  a  number  of  receipts  for 

'  Family  papers,  Rev.  Thomas  Sim  Lee. 


m 


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Baltimore  Library  Company.  201 


the  annual  dues  of  the  "  Library  Company  "  are  ex- 
tant, signed  "  Geo.  de  Perigny."  Many  of  the  books 
of  this  early  '*  Library  Company"  are  now  in  poses- 
sion  of  the  Maryhmd  Historical  Society.  In  pur- 
chasing material,  about  this  time,  for  clothing  his 
servants,  Charles  Carroll  of  Carrollton  wrote  to  a 
merchant  in  Richmond,  Virginia,  ordering  •*  fifteen 
hundred  ells  of  country  linen  for  shirting  negroes,  of 
the  width  and  quality  of  the  best  German  osnabrigs." 
He  adds  that  he  "will  annually  want  the  above 
quantity,  and  the  ready  money  will  always  be  paid  "  ; 
and  he  manifests  his  patriotic  desire  to  encourage 
home  industries  by  declaring  that  he  "  would  wish 
to  give  the  preference  to  American  linen,  if  in  qual- 
ity equal  and  in  price  not  superior  to  German  osna- 
rigs.    ' 

Feeling  ran  high  in  the  United  States  in  1794- 
1795,  between  the  parties  opposed  to  and  in  sympa- 
thy with  the  French  Revolution.  And  from  France 
came  the  title  "  Democrat,"  now  first  used  to  desig- 
nate the  Antifederalist  or  *•  Federal  Republican." 
An  Englishman  traveling  in  America  in  1794,  names, 
with  Washington  and  Hamilton,  among  the  Fed- 
eralists leaders,  the  two  Marylanders  William  Vans 
Murray  and  William  Smith.'  But  he  should  have 
included  Charles  Carroll  of  Carrollton,  the  friend 
and  correspondent  of  both  Hamilton  and  Washing- 
ton. Carroll's  sympathies  were  all  with  royalist 
France,  after  the  execution  of  the  King,  and  with 
England  as  against   the  Jacobin  tendencies  of  the 

'  MS  :  Letter.     Collection  of  Robert  J.  Hubbard. 
'  "  A  voyage  to  the  United  States,"  H.  Wansey,  p.  90. 


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202         Charles  Carroll  of  Carrollton. 

French  Republic.  And  it  is  vry  likely,  from  his 
long  early  residence  in  France,  and  his  acquaintance 
during  the  American  Revolution  with  Frenchmen 
in  the  Continental  service,  that  he  was  sought  out 
by  the  refugees,  both  the  prominent  and  obscure. 
He  may  have  met  the  brilliant,  cynical  Talleyrand  ; 
it  is  more  than  likely  he  entertained,  at  Annapolis 
or  *•  Doughoregan  "  the  gallant  and  unfortunate  Vis- 
count de  Noaillcs,  brother-in-law  of  Lafayette, 
whose  wife,  mother  and  grandmother  had  all  fallen 
under  the  guillotine  of  Robespierre,  and  who  was  in 
America  in  1794,  planning  to  settle  there  with  a  num- 
ber of  his  countrymen,  on  the  banks  of  the  Susque- 
hanna. 

Jay's  famous  treaty  with  England,  negotiated 
July  15,  1795,  brought  the  contest  between 
Federalists  and  Democrats  to  a  climax.  Carried 
through  in  a  secret  session  of  the  Senate,  it  was 
made  public  by  a  Democratic  Senator,  Stevens 
Thomson  Mason  of  Virginia,  and  meetings  of  the 
Democrats  were  immediately  called  all  over  the 
country  to  condemn  the  treaty,  at  which  thanks 
were  enthusiastically  voted,  and  toasts  pledged,  to 
Mason  and  his  Congressional  colleagues.  The 
Federalists  held  meetings  also,  and  censured  the 
Virginia  Senator  for  his  daring  act.  Desperate 
quarrels  arose  between  the  champions  and  the 
opponents  of  the  treaty,  and  a  duel  was  with  diffi- 
culty averted  between  Hamilton  and  Commodore 
Nicholson.  On  the  other  side  of  the  Atlantic,  a 
fatal  encounter  took  place  between  two  young 
Virginians  who,  in  consequence  of  a   conversation 


i      I 


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Contest  over  Jays   Treaty. 


203 


at  the  '*  Virginia  Coffee  House  "  in  London,  on  the 
subject  of  the  tre.ity,  fought  a  duel  in  Hyde  Park, 
and  one  of  them  fell  mortally  wounded. ' 

Robert  Goodloe  Harper,  who  was  soon  to  become 
Charles  Carroll's  son-in-law,  in  an  "Address  to  his 
Constituents,"  justified  the  treaty,  and  received  a 
letter  of  thanks  from  its  author,  John  Jay,  at  whose 
request  the  address  was  published. '  Jay's  treaty 
'•  was  generally  condemned  in  Virginia,  and  the 
South,"  says  President  Lyon  G.  Tyler  of  Williams- 
burg, "  because  it  made  no  provision  for  free  trade 
with  the  West  Indies,  formerly  the  life  of  Alexandria 
and  Yorktown,  nor  exacted  any  indemnity  for  the 
slaves  which  the  British  had  carried  off  during  the 


M   t 


war. 

There  were  questions  of  principle  involved  in  its 
passage,  also,  independent  of  its  special  features, 
which  rendered  it  obnoxious  to  the  Antifederalists, 
questions  which  have  never  yet  been  decided. 
These  were  whether  the  President  and  Senate  alone, 
as  maintained  by  the  Federalists,  have  power  to 
regulate  commerce  and  duties,  and  to  define  piracy  ; 
and  whether  the  House  of  Representatives  is  obliged 
to  vote  any  amount  of  money  called  for  by  a  treaty 
so  negotiated.  The  Democrats  believed,  and  still 
declare,  that  the  two  Houses  of  Congress  should 
concur  in  the  three  points  above  named,  and  that 
a  treaty  is  not,  independently  of  the  Constitution, 
"  the  supreme  law  of  the  land."     JefTerson  wrote  in 

'  The  Virginia  Historical  Magazine, yoX.  i.,  No.  i.,p.  15.  July.iSgi. 
*  "  Correspondence  and  Public  Papers  of  John  Jay,"  vol.  iv.,  p.  198. 
'  William  and  Mary  College  Quarterly,  vol.  iv.,  No.  4.,  p.  254. 


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204        Charles  Carroll  of  Carrollton. 

1795  :  "  Our  part  of  the  country  is  in  considerable 

fermentation.    .    .    .    Tliey  say  that  while  all  hands 

were  below  deck,  mending  sails,  splicing  ropes,  and 

everyone  at  his  own  business,  and  the   captain   in 

his  cabin    attending   to  his   log-book  and  chart,   a 

rogue  of  a  pilot  has  run  them  into  an  enemy's  port. 

But   metaphor  apart,  there   is  much  dissatisfaction 

with  Mr.  Jay  and  his  treaty."     Charles  Carroll  in 

writing  to  Washington,  on  matters  of  business,  the 

23d  of   April,   1796,    took   occasion  to   make  some 

inquiries  of  him  about  the   much-talked-of  treaty. 

Washington's  reply,  which  is  marked  "  Private  "  in 

the  manuscript  copy  preserved  among  his  papers, 

is  as  follows : 

Philadelphia,  ist  May,  1796. 

(Private) 
Charles  Carroll  Esq  : 

Dear  Sir  :  Your  favor  of  the  23d  ulto.  has  been  duly 
received.  With  respect  to  the  application  of  Mr.  Free- 
man, I  shall  do  as  I  always  have  done  on  similar  occas- 
ions, and  that  I  am  sure  you  will  approve  of — namely  to 
lay  the  recommendations  of  applicants  by,  until  the  hour 
comes  when  nominations  are  to  be  made,  and  then  after 
reference  to  them  and  an  attention  to  other  circum- 
stances (which  is  often  essential)  prefer  those  who  seem 
to  have  the  greatest  fitness  for  the  office. 

Accompanying  the  information  of  the  election  of  Mr. 
Sprigg,  and  the  instructions  with  which  he  was  charged, 
you  proposed  several  interesting  questions  such  as  I  am 
persuaded  your  own  good  sense,  after  a  resort  to  the 
debates  of  the  important  points  which  have  been  dis- 
cussed, will  leave  you  at  no  loss  to  solve. 

Few  however,  I  believe,  acquainted  with  the  proceed- 


Letter  from  Washington, 


205 


ings  in  the  House  of  Representatives,  conceive  that  the 
real  question  was  not  whether  the  Treaty  with  Great 
Britain  was  a  good  or  a  bad  one,  but  whether  there 
should  be  a  Treaty  at  all  without  the  concurrence  of 
that  House  ;  and  taking  advantage  of  the  partialities 
in  favor  of  one  nation  and  the  prejudices  against  that 
\sic\  of  another,  with  the  aid  of  such  unfavorable  inter- 
pretation as  they  were  disposed  to  give  to  some  parts  of 
the  Treaty,  it  was  conceived  that  no  occasion  more  suit- 
able might  ever  occur  to  establish  the  principle  and 
enlarge  the  powers  they  aimed  at.  On  this  ground, 
therefore,  it  was  resolved  to  attempt  at  every  hazard  to 
render  the  Treaty-making  power  a  nullity  without  their 
consent ;  nay  worse  to  make  it  an  absolute  absurdity, 
such  as  could  not  fail  to  reflect  disgrace  upon  the  under- 
standing and  wisdom  not  only  of  those  who  framed,  but 
on  those  also  who  adopted  the  Constitution,  from  the 
inconsistency  of  giving  a  power  to  the  President  and 
Senate  to  make  Treaties  (and  when  made  and  ratified, 
declaring  them  the  supreme  law  of  the  land)  and  in  the 
same  instrument  to  vest  a  power  in  the  House  of  Repre- 
sentatives to  fix  their  vote  [veto?]  upon  it,  unless  bri- 
bery and  fraud  was  apparent  in  the  transaction  (which 
in  equity  would  annul  any  contract),  or  ruin  was  so  self- 
evident  as  to  involve  wai,  or  any  evil  preferable  to  the 
execution. 

With  regard  to  the  motives  which  have  led  to  these 
measures,  and  which  have  not  only  brought  the  Consti- 
tution to  the  brink  of  a  precipice,  but  the  peace,  happi- 
ness and  prosperity  of  the  country  into  eminent  danger, 
I  shall  say  nothing.  Charity  tells  us  they  ought  to  be 
good,  but  suspicions  say  they  must  be  bad  ;  at  present 
my  tongue  shall  be  silent.  Every  true  friend  to  this 
country  must  see  and  feel  that  the  policy  of  it  is  not 


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206         Charles  Carroll  of  Carrollton, 

to  embroil  ourselves  with  any  nation  whatever,  but  to 
avoid  their  disputes  and  their  politics,  and  if  they  will 
harass  one  another  to  avail  ourselves  of  the  neutral  con- 
duct we  have  adopted.  Twenty  years  peace  with  such 
an  increase  of  population  and  resources  as  we  have  a 
right  to  expect,  added  to  our  remote  situation  from  the 
jarring  powers,  will  in  all  probability,  enable  us,  in  a  just 
cause,  to  bid  defiance  to  any  power  on  earth.  Why  then 
should  we  prematurely  embark  (for  the  attainment  of 
trifles  comparatively  speaking)  in  hostilities,  the  issue  of 
which  is  never  certain,  always  expensive,  and  beneficial 
to  a  few  only  (the  least  deserving  perhaps,)  whilst  it  must 
be  distressing  and  ruinous  to  the  great  mass  of  our 
citizens. 

But  enough  of  this !  The  people  must  decide  for 
themselves,  and  probably  will  do  so,  notwithstanding  the 
vote  has  gone  in  favor  of  the  appropriations  by  a  major- 
ity of  51  to  48,  as  the  principle  and  assumption  of  power, 
which  has  been  contended  for  remains,  although  the 
consequences  by  the  present  decision  probably  ivill  be 
avoided. 

With  esteem  and  regard,  I  am.  Dear  Sir,  your  most 

obedient  servant, 

Geo.  Washington.' 

This  epistle  is  apparently  alluded  to  in  a  letter  of 
Charles  Carroll  to  his  son,  written  in  1800,  where  he 
says  :  "  Your  publishing  an  extract  of  General  Wash- 
ington's letter  to  me,  has  drawn  an  attack  on  me  in 
Martin's  paper ;  the  performance  is  pitiful  and  un- 
worthy of  notice."  Again  in  18 16,  Charles  Carroll 
refers  to  the  letter,  in  writing  to  Joseph  Delaplaine. 

>  Washington,  MSS  :  State  Department.     Note  to  Ford's  "  Writ- 
ings of  Washington,"  vol.  xiii..  p.  187. 


■"-9W-''»wft«;"..  r- "— -r*t-«n** 


Allusion  in  Jeffersoiis '* Anas''         207 


"  Though  well-acquainted  with  Genl.  Washington, 
and  I  flatter  myself  in  his  confidence,  few  letters 
passed  between  us  ; — one,  having  reference  to  the 
opposition  made  to  the  Treaty  concluded  by  Mr. 
Jay,  has  been  repeatedly  published  in  the  newspapers, 
and  perhaps  you  may  have  seen  it ;  that  letter  is  no 
longer  in  my  possession." 

Jefferson,  in  the  personalities  of  the  Anas,  written 
in  1818,  alludes  to  this  Washington  letter,  from  the 
standpoint  of  the  ardent  Democrat.  Ke  speaks  of 
Washington's  being  so  much  under  the  influence  of 
the  Federalists ;  and  that  while  like  the  rest  of  man- 
kind he  was  disgusted  with  the  atrocities  of  the 
French  Revolution,  he  did  not  do  justice  to  those  of 
his  countrymen  who  still  preferred  France  to  Eng- 
land, as  a  struggling  sister  republic.  He  had  not 
sufficient  confidence  in  the  "  steady  and  national 
character  of  the  American  people."  In  his  support 
of  Jay's  Treaty,  Jefferson  declared,  Washington  be- 
came alienated  from  him,  "  as  from  the  Republican 
body  of  his  fellow-citizens,"  and  he  "  wrote  the  letters 
to  Mr.  Adams  and  Mr.  Carroll,  over  which  in  devo- 
tion to  his  imperishable  fame,  we  must  forever  weep 
as  monuments  of  mortal  decay."  ' 

The  Virginians  were  so  much  opposed  to  Jay's 
Treaty,  and  the  principles  incidently  involved  in  its 
passage,  that  they  proposed  amendments  to  the 
Federal  Constitution,  covering  the  points  at  issue. 
These  were  considered  in  the  Maryland  Assembly, 
by  a  joint  committee  of  both  Houses,  at  its  Novem- 
ber session,  1796.    Charles  Carroll  of  Carrollton  who 

•  Writings  of  Jefferson,  Congress  Edition,  vol.  ix, ,  p.  99. 


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2o8         Charles  Carroll  of  Carrollton, 

was  present  in  the  Senate  and  an  important  member 
of  the  committee,  probably  wrote  the  report,  which 
he  brought  in,  and  which  undoubtedly  reflects  his 
views. 

The  joint  committee  of  both  Houses,  to  whom  were 
referred  the  amendments  proposed  to  be  made  to  the 
Government  of  the  United  States  by  the  Legislature  of 
Virginia  in  December  last  have  had  them  under  consid- 
eration for  some  time,  and  cannot  recommend  their 
adoption  for  the  following  reasons  : 

Should  the  first  amendment  be  ratified  by  the  legisla- 
tures of  nine  States,  no  treaty  of  the  least  consequence 
could  be  made  as  now  authorized  without  the  sanction  of 
a  majority  of  the  House  of  Representatives  ;  thus  would 
that  House  be  let  into  a  participation  of  a  part  of  the  ex- 
ecutive power  which  has  been  exclusively  vested  in  the 
President  and  Senate  as  fitter  for  the  transacting  such 
business  and  concluding  treaties  ;  for  the  Senate  being  a 
smaller  and  more  select  body,  it  is  presumable  will  be 
less  liable  to  the  influence  of  party,  and  therefore  treaties 
will  probably  be  investigated  in  that  house  with  greater 
accuracy,  and  with  more  temper  and  judgment,  than  in 
the  other  ;  nor  was  this  the  only  reason  for  giving  to  the 
Senate  a  share  of  the  treaty-making  power.  All  the 
States  being  equally  represented  in  the  Senate,  it  was 
considered  that  this  equality  of  suffrage,  coupled  with 
the  control  over  treaties,  would  reconcile  the  smaller 
States  to  the  preponderancy  which  the  larger  possess  in 
the  other  branch.  But  the  President  and  Senate  may  be 
corrupted,  and  sacrifice  their  country  to  a  foreign  inter- 
est. Are  the  President  and  Senate  more  likely  to  be 
corrupted  than  the  Representatives  ?  Few,  compared  to 
these,  a  greater  responsibility  attaches  to  their  character 


■'"^-^  -.*  -'J? 


Maryland  versus   Virginia, 


209 


and  conduct ;  guilt  divided  among  many  seems  to  lessen, 
and  becomes  almost  imperceptible  in  each  individual, 
sheltering  and  countenancing  himself  under  the  author- 
ity of  numbers.  Large  popular  assemblies,  in  their  pub- 
lic proceedings,  have  been  unfeelingly  guilty  of  crimes 
from  the  commission  of  which  each  individual  standing 
alone,  or  supported  by  few,  would  have  shrunk  with 
horror.  We  may  reasonably  conclude,  that  the  State 
legislatures  will,  in  general,  elect  into  the  Senate  men  of 
good  sense,  information  and  integrity  ;  if  they  do  not, 
they  will  either  want  discernment  or  honesty,  or  be  actu- 
ated by  party.  Admitting  that  in  particular  districts, 
nay,  that  in  whole  States,  a  party  spirit  may  at  times  pre- 
vail, the  delusion,  it  is  to  be  hoped,  will  not  continue 
long,  and  if  it  should,  its  spread  through  the  greater  por- 
tion of  the  Union  is  quite  improbable.  If  the  State 
legislatures  want  discernment  or  honesty,  can  their  con- 
stituents be  discerning  and  honest?  Corrupt,  indeed, 
must  that  people  be,  and  degraded  in  the  extreme,  who 
have  not  sense  enough  to  discover,  or  virtue  to  pursue, 
their  real  interests.  In  an  emergency  of  this  kind,  what 
will  partial  amendments  avail  ?  A  revolution  only,  ca- 
lamity, and  long  sufferings,  can  operate  their  reform,  and 
restore  such  a  people  to  a  just  way  of  thinking  and  acting. 
Does  experience  call  for  any  of  the  proposed  amend- 
ments ?  To  amend  a  constitution  in  its  infancy,  from 
the  dread  of  imaginary,  and  not  from  the  existence  of 
real  evils,  is  surely  most  unwise.  So  far  as  the  short 
trial  we  have  had  of  the  Federal  Government  will  en- 
able us  to  judge  of  its  future  operations,  we  ought  to 
remain  satisfied  with  its  present  form  ;  for  a  large  major- 
ity of  the  American  people,  and  this  Slate  in  particular, 
have  repeatedly  expressed  their  approbation  of  its  admin- 
istration, and  their  thankfulness  for  the  benefits  derived 

VOL.  11—14 


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2IO         Charles  Carroll  of  Carrollton. 

from  that  government.  No  country  can  be  said  to  enjoy 
a  free  constitution,  nor  will  long  retain  its  essence  and 
purity,  without  proper  checks  and  balances.  The  fram- 
ers  of  the  Federal  Government  have  so  distributed 
powers  among  the  parts  comi)osing  it,  that  each  may 
control  the  others  ;  no  event  has  yet  discovered  that  the 
distribution  has  been  injudiciously  made  ;  why,  then,  has 
it  been  thought  necessary  to  alter  it  ?  Why  take  away 
from  two  branches,  to  impart  in  common  to  one,  that 
portion  of  power  which  was  exclusively  lodged  in  the 
two  ?  Perhaps  it  may  be  said  that  the  power  has  been 
abused.  When  parties  run  high,  and  are  nearly  poised, 
every  expedient  will  be  tried  to  give  the  mastery  to  the 
one  or  to  the  other.  Does  the  Constitution  present  bar- 
riers to  this  wished  for  ascendancy  ?  These  must  be 
levelled  ;  amendments  must  do  them  away,  and  will  be 
proposed  by  the  defeated  party  on  the  spur  of  the  occa- 
sion ;  in  the  very  hurry  and  tumult  of  the  passions,  dis- 
appointed and  foiled  in  a  favorite  object,  at  such  a  time 
can  amendments  be  discussed  and  weighed  with  that 
coolness  and  candor  so  requisite  to  the  forming  a  right 
judgment? 

Why  should  a  tribunal,  other  than  the  Senate,  be  insti- 
tuted for  the  trial  of  impeachments  ?  No  person  has 
been  impeached  before  the  Senate,  and  therefore  no 
defect  in  the  tribunal  can  be  collected  from  facts  and 
experiment  ;  the  objections,  if  not  altogether  proceed- 
ing from  a  love  of  novelty  and  change,  must  have  origi- 
nated from  fancied  apprehensions  of  unfairness  and 
corruption  in  the  Senate,  as  a  court.  If  the  government 
is  to  be  new  modelled  upon  the  visionary  conceits  of 
speculative  men,  forever  on  the  change,  it  never  will  as- 
sume a  stable  form,  and  the  condition  of  the  people  liv- 
ing under  it  will  be  as  miserable  as  of  those  under  vague 


V'«- 


I 


Virghiicis  Proposed  Amendments,       2 1 1 

and  uncertain  laws,  which,  partaking  of  the  nature  of  the 
government,  if  this  is  fluctuating  and  capricious,  those 
will  be  equally  so. 

The  third  amendment  contemplates  and  provides  for 
a  more  frequent  election  and  renewal  of  members  in  the 
Senate  of  the  United  States.  In  this  respect  it  appears 
to  the  committee  to  run  directly  counter  to  the  main  end 
of  its  institution.  The  framers  of  the  Federal  Govern- 
ment, no  doubt,  wished  to  temper  and  control  those  sal- 
lies of  passion  which  it  was  foreseen  party  heat  would  at 
times  produce  in  the  House  of  Representatives.  No 
method  so  effectual  for  the  purpose  occurred,  as  to  give 
to  the  Senators  that  permanency  which  might  secure 
them  from  the  frenzy  of  the  moment ;  from  the  conta- 
gion of  faction,  and  the  unfounded  suspicions  of  preju- 
dice. Besides,  from  a  body  durable  as  the  Senate,  and 
appointed  in  the  manner  prescribed  by  the  Constitution, 
more  experience  in  business,  more  steadiness  of  conduct, 
and  consistency  of  views,  are  to  be  expected,  than  from 
biennial  Representatives,  owing  frequently  their  election 
as  much  to  party  zeal  as  to  merit.  The  quick  rotation 
of  Senators  proposed  to  be  established  by  the  amend- 
ment would  deprive  the  Senate  of  those  advantages, 
which,  as  at  present  constituted,  it  derives  from  that  de- 
gree of  stability  imparted  to  it  by  a  longer  continuance 
in  the  trust  of  its  members. 

The  fourth  amendment  was  evidently  levelled  at  the 
appointment  of  Mr.  Jay  as  envoy  extraordinary  to  the 
Court  of  London,  and  no  doubt  was  intended  as  an  indi- 
rect censure  of  that  measure.  However,  it  does  not 
strike  the  committee  that  the  appointment  of  a  judge  on 
a  momentous  occasion,  to  execute  a  temporary  and 
particular  commission,  has  been  or  can  be  attended  with 
any  inconvenience  or  danger  to  the  public. 


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2 1 2        Charles  Carroll  of  Carrollton, 

If  the  preceding  observations  and  reasoning  are  just 
the  committee  submit  the  following  resolve,  as  proper  to 
be  passed  by  the  T^egislature  : 

Resolved,  That  the  first  and  third  amendments,  pro- 
posed in  last  December  by  the  Legislature  of  Virginia  to 
be  made  to  the  Constitution  or  frame  of  government  for 
the  United  Slates,  ought  not  to  be  adopted,  because,  in 
the  opinion  of  the  Legislature,  they  would  give  too  great 
a  preponderancy  to  the  House  of  Representatives,  and 
thus  derange  the  balance  of  reciprocal  control,  checks 
and  powers,  so  happily  devised  and  distributed  among 
the  component  oarts  of  the  Federal  Government,  and 
thereby  endanger  the  liberty  of  the  people  ;  that  the 
second  and  fourth  amendments  are  particularly  inexpedi- 
ent, as  not  being  warranted  by  the  experience  of  any 
evils  which  have  resulted  from  the  government  as  now 
constituted,  or  from  its  administration. 

The  committee  also  beg  leave  to  report,  that  the 
annual  interchange  of  laws,  as  proposed  by  the  General 
Assembly  of  Virginia,  may  be  attended  with  beneficial 
effects,  and  therefore  recommend  the  following  resolve  : 

Resolved^  That  the  Governor  of  this  State  be  re- 
quested to  inform  the  Governor  of  the  Commonwealth 
of  Virginia,  that  the  Legislature  of  this  State  have 
acceded  to  their  proposition  of  an  annual  interchange 
of  the  laws  of  their  respective  States,  and  also  to  an 
exchange  of  the  existing  code  of  laws  in  each  State,  and 
that  the  Governor  be  requested  to  procure  the  said  laws, 
and  determine  and  fix  upon  the  means  for  carrying  this 
resolution  into  effect/ 

In  reviewing  briefly  Charles  Carroll's  career  in  the 
Maryland  Senate  from  1792  to  1797,  we  find  him  in 

'  Journal  of  the  Maryland  Senate. 


N  ■ 


Insurrection  in  SL  Domingo.  2 1 3 

1793,  one  of  a  committee  having  in  charge  the  pro- 
ject of  holding  an  annual  lottery  for  the  benefit  of 
the  new  city  of  Washington.  "  Baltimore-town  "  was 
to  be  legislated  into  a  "  city  "  at  this  time,  and  Charles 
Carroll  of  CarroUton  was  one  of  a  committee  ap- 
pointed for  this  purpose.  The  Militia  Bill  was  still 
the  subject  of  discussion  and  amendment,  Charles 
Carroll  continuing  to  take  an  active  part  in  its  pre- 
paration. The  sufferers  from  the  insurrection  in  St. 
Domingo  had  sought  shelter  in  '*  the  hospitable 
States  of  America"  in  the  summer  of  1793,  and 
Baltimore  had  provided  for  many  of  them,  the 
Assembly  granting  five  hundred  dollars  a  week 
from  December  to  February,  and  Congress  was 
asked,  through  the  Maryland  Senators  and  Repre- 
sentatives, '*  to  refund  the  surplus  advriiiced  " 
beyond  Maryland's  "just  propoiLlcn.'  Charles 
Carroll  drew  up  the  address  to  these  gentlemen  on 
this  subject.* 

The  eleventh  amendment  to  the  Constitution  of 
the  United  States  was  proposed  in  Congress  in  1794, 
and  declared  adopted  in  1798.  Virginia  and  Massa- 
chusetts had  both  suggested  this  amendment  and 
worked  to  secure  its  ratification.  Virginia's  House  of 
Delegates  in  1793  had  passed  resolutions  to  this  end  ; 
declaring  "That  a  State  cannot,  under  the  Constitu- 
tion of  the  United  States  be  made  a  defendant  at 
the  suit  of  any  individual  or  individuals,  and  that 
the  decision  of  the  Supreme  Federal  Court,  that  a 
State  may  be  placed  in  that  situation,  is  incompat- 
ible with,  and  dangerous  to,  the  sovereignty  and 

'  Journal  of  the  Senate, 


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214        Charles  Carroll  of  Car rollton. 

independence  of  the  individual  States,  as  the  same 
tends  to  a  general  consolidation  of  these  confeder- 
ated  republics."  The  Maryland  House  of  Delegates 
endorsed  this  view,  and  advocated  amendments 
to  '*  protect  a  State  in  Federal  Courts."  The 
Senate,  more  cautious,  and  of  a  more  Federal  com- 
plexion, hesitated,  and  asked  for  more  time  to  give 
the  matter  consideration.  "  It  is  an  important 
question,"  they  say,  "  which  has  occasioned  great 
diversity  of  opinion  among  men  of  the  first  abilities." 
And  when  the  act  to  ratify  the  amendment  was 
voted  on  in  the  Senate,  December  17,  1794,  and 
passed,  Charles  Carroll  of  CarroUton  recorded  his 
suffrage  against  it.' 

A  bill  before  the  Legislature,  for  taking  away  the 
funds  of  Washington  and  St.  John's  College  was 
opposed  in  the  Senate,  and  finally  negatived  by  the 
Assembly.  Charles  Carroll  was  chairman  of  the 
Senate  committee  having  the  matter  in  charge;  and 
an  interesting  account  of  both  of  these  institutions, 
is  spread  upon  the  journal,  in  the  letters  and  papers 
used  by  their  champion  to  secure  the  continuation 
of  the  fund  hitherto  allowed  them.  Maryland's 
stock  in  the  Bank  of  England  was  yet  unrecovered, 
and  there  was  question  in  the  Assembly  in  1794,  as 
to  the  suggestion  of  having  Mr.  Jay  make  it  a  subject 
of  negotiation  in  the  proposed  English  treaty.  But 
this  idea  had  been  finally  abandoned.  Charles 
Carroll  was  prominent  in  the  Senate  and  joint  com- 
mittees on  the  bank-stock  affair,  as  it  came  up  in 
successive  sessions.    In  the  Assembly  of  1795,  Gen- 

>  JHd, 


\  > 


iVesicrn  Limits  of  Maryland,  2 1 5 


eral  Washington's  course  was  approved  of,  in  the 
matter  of  Jay's  Treaty,  and  in  other  respects,  an<l 
on  motion  of  Charles  Carroll  of  Carrollton  the 
"Address"  of  the  House  of  Delegates  endorsing  the 
Administration  was  to  be  published  in  all  the  Mary- 
land papers.  At  the  following  session  Charles 
Carroll  reported  from  a  joint  committee  of  the  two 
Houses  an  •'  Answer  "  to  the  Governor's  address,  in 
which  there  are  allusions  to  the  President's  message, 
as  he  is  about  to  retire  from  public  life,  and  regret 
expressed  at  his  determination.  Washington's  "  Ad- 
dress to  the  people  of  the  United  States,"  dated 
September  17,  1796,  is  given  in  the  Senate  journal, 
and  the  resolutions  of  the  Assembly,  relating  to  it, 
which  are  highly  eulogistic  of  the  Pater  Patrice. 

At  the  session  of  1795  Charles  Carroll  had  been 
put  upon  the  committee  of  three  which  was  to  con- 
fer with  a  House  committee,  on  the  settlement  of 
the  western  limits  of  the  State.  And  in  1796  he 
was  appointed,  with  Jeremiah  Townley  Chase,  a 
Commissioner,  to  settle  with  Virginia  the  question 
of  State  boundaries.  Philip  Barton  Key  was  after- 
wards added  to  the  Commission.  Carroll  and  Chase 
took  the  places  of  William  Pinkney  then  in  England, 
and  William  Cooke  who  had  resigned.  Ten  days  be- 
fore the  close  of  the  session  of  1796,  Charles  Carroll 
brought  in  from  the  joint  committee  on  the  Virginia 
amendments  to  the  Constitution  of  the  United  States, 
the  report  which  has  been  already  given.'  In  1797  he 
introduced  a  bill  for  the  gradual  abolition  of  slavery, 
which,  however,  did  not  pass.    Yet  in  the  latter 


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216  Charles  Carroll  of  Carrollton. 

part  of  his  life  he  was  a  "  pro  slavery  man  in  all  its 
features,  and  was  most  logical  in  his  demonstrations 
of  its  influence  in  this  country."  ' 

In  the  summer  of  1798,  Charles  Carroll  of  Car- 
rollton wrote  the  following  letter  to  General  Wash- 
ington, on  the  prospect  of  war  with  France,  and  the 
preparations  in  the  United  States  for  such  an  event. 
It  will  be  noticed  how  sagacious  are  Carroll's 
prophecies  as  to  the  future  course  of  political  events 
in  France  and  the  monarchies  surrounding  her. 

DOUGHOREGAN,  Qth  Aug.,   1798. 

Dear  Sir  : 

I  was  yesterday  favored  with  your  letter  of  the  2nd 
instant.  Your  sentiments  respecting  the  proper  qualifica- 
tions of  aids  to  a  commander-in-chief,  or  of  a  separate 
army  are  very  just.  Unquestionably  persons  of  experi- 
ence should  have  the  preference,  for  the  forcible 
reasons  you  mention  ;  but  I  thought  that  they  who  had 
acquired  experience  by  actual  service  during  the  last  war, 
would  aim  at  and  aspire  to  commands  in  the  army  pro- 
posed to  be  raised,  or  at  becoming  colonels,  majors  &c., 
and  that  young  men  chiefly  would  solicit  to  be  appointed 
aids. 

I  sincerely  wish  that  you  may  not  be  forced  to  quit  your 
retirement  and  place  yourself  at  the  head  of  our  army. 
Nothing,  I  fear,  will  pnv/ont  the  Directory  from  landing 
a  strong  force  in  one  of  the  Southern  States,  but  the 
want  of  the  means.  It  is  obvious  they  aim  at  splitting  the 
countries  surrounding  France  into  small  Democracies 
entirely  dependant  on  the  rulers  of  the  great  nation. 
They  view  with  a  jealous  eye  the  growing  strength  of 
this  country,  and  if  they  can,  they  will  nip  it  in  the  bud 

'  AppUton's  journal,  September  19,  1874,  p.  355, 


It 


\  :\ 


,.  ^^ 


Letter  to  General  Washington.         2 1 7 


by  dismembering  the  Jnion.  They  have  too  many  par- 
tizans  among  us,  inducnoed  by  a  variety  of  motives, 
who  will  aid  their  measures,  when  they  dare  to  cast  off 
the  mask.  On  these  traitors,  I  wish  with  you,  that  the 
expense  of  our  preparations  could  be  thrown,  but  the 
mischief  is,  the  far  greater  part  (were  it  even  practicable 
to  subject  them  solely  to  the  expense)  have  little  or 
nothing  to  pay.  and  this  poverty  is  one  of  the  causes 
which  has  enlisted  them  under  the  banners  of  France. 

I  have  observed,  that  through  all  the  changes  of  parties 
and  rulers  in  France,  one  object  has  been  steadily 
pursued,  the  aggrandizement  of  the  terrible  Republic, 
and  the  depression  of  its  neighbors.  All  the  men  placed 
at  the  head  of  the  French  councils  have  had  ambition, 
and  enterprise.  France,  if  left  in  possession  of  its  acquisi- 
tions, will,  on  the  return  of  a  general  peace,  turn  its 
attention  to  the  acquirement  of  a  powerful  marine,  which 
can  be  acquired  only  by  an  extensive  commerce,  sup- 
ported by  extensive  and  opulent  colonies.  I  suspect 
therefore,  that  the  Directory  will  wrest  from  Spain 
Louisiana,  and  from  Portugal  the  Brazils.  The  single 
island  of  St.  Domingo,  when  reduced  to  order  and  im- 
proved, as  the  French  part  of  it  was  before  the  Revolution, 
will  support  a  flourishing  trade.  What  can  prevent 
Russia,  Prussia  and  Austria  from  combining  v/ith  Eng- 
land to  defeat  the  ambitious  designs  of  France  ?  I  fear 
mutual  jealousies,  weakness  of  the  princes  who  nominally 
govern  those  countries,  the  corruption  of  some  ministers, 
and  exhausted  finances. 

It  is  said  Mr.  Marshall  reports  the  finances  of  France 
to  be  at  the  lowest  ebb.  The  want  of  money  may  give  a 
temporary  respite  to  Europe,  and  to  this  country,  but  if 
the  interval  be  not  improved  in  forming  a  solid  union 
against  the  ambition,  and  disorganizing  projects  of  the 


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2 1 8         Charles  Carroll  of  Carrollton. 

French  oligarchy,  they  will  be  soon  revived.  Should 
the  present  system  of  French  (government  it  cannot  be 
called)  endure  any  length  of  time,  it  will  endeavour  to 
undermine  by  secret  intrigues,  or  subvert  by  open  force, 
the  monarchies  of  Europe,  for  the  co-existence  of  those 
governments  is  incompatible  with  that  of  France.  The 
latter,  indeed,  is  yet  to  undergo  great  changes,  and  may 
terminate  in  a  monarchy,  perhaps  more  formidable  to  the 
independence  of  Europe,  than  the  subsisting  oligarchy, 
which  from  the  seeds  of  internal  decay  cannot  be  expected 
to  survive  many  years. 

Excuse,  sir,  this  effusion  of  political  conjectures  ;  your 
letter  has  partly  drawn  them  from  me.  I  remain  with 
the  greatest  respect  and  esteem,  dear  sir, 

Your  most  obedient  humble  servant, 
Ch.  Carroll  of  Carrollton.' 

John  Henry  was  elected  Governor  of  Maryland  in 
1797.  Charles  Carroll  at  this  session,  and  the  follow- 
ing one,  reported  resolutions  from  the  joint  com- 
mittee to  whom  the  communications  relating  to  the 
bank  stock  had  been  referred,  which  were  not  satis- 
factory to  the  House  of  Delegates.  The  latter 
wanted  to  put  the  matter  entirely  into  the  hands  of 
Rufus  King,  American  Minister  to  England,  and  the 
Senate  objected  to  this.  Charles  Carroll  was  the 
writer  of  a  long  message  to  the  House,  on  the  sub- 
ject, dated  January  3,  1799,  **"*^  ^  ^VidX  message  of 
the  19th  of  January.  A  point  at  issue  between  the 
two  Houses  was  whether  they  should  deduct  the 
claim  of  James  Russell  from  the  bank  stock  due 
Maryland. 

»  Washington  MSS  :,  Department  of  State. 


\  t 


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Ti 


The  Bank  of  England  Stock.  2 1 9 

Samuel  Chase  in  letters  to  Charles  Carroll  written 
in  1 797- 1 798,  describes  the  case  as  it  then  stood.  The 
widow  of  James  Russell,  he  urged,  had  been  com- 
pensated by  the  British  Government,  so  that  it  would 
be  necessary  to  deduct  his  claim  for  something  over 
;^  10,600,  out  of  the  amount  to  be  transferred.  Chase 
writes  that  he  had  exerted  himself  "  for  fourteen 
years  to  obtain  for  the  State  a  transfer  of  the  whole." 
But  he  thought,  as  he  wrote  in  a  letter  dated  Janu- 
ary, II,  1798,  to  insist  upon  this  now  would  be 
inexpedient.  He  believed  that  the  Resolutions  pro- 
posed by  the  joint  committee,  would  do  harm,  and 
if  adopted  would  "  suspend  all  further  negotiations 
on  the  subject."  ' 

The  House  of  Delegates  sustained  the  view  taken 
by  Samuel  Chase.  The  two  messages  of  the  Senate, 
as  reported  by  Charles  Carroll  are  as  follows  : 

January,  3d,  1799. — Gentlemen:  We  received  your 
message  requesting  a  reconsideration  of  the  resolution 
relating  to  the  bank  stock. 

The  meirbi  of  the  Senate  are  ever  willing  to  recon- 
sider l\\&\:  df  cisions,  when  new  arguments  or  facts  are 
disclo.x;",  or  where,  in  the  hurry  of  piblic  business,  a 
subject  :nnyhave  been  acted  upon  without  that  delibera- 
tion and  d  scussion  which  its  import«i.v.c  required.  But 
in  cases  where  no  new  facts  nor  arguments  not  hereto- 
fore usea  are  produced,  the  practice  is  improper,  ^'hese 
principles  preclude  the  reconsideration  of  the  resolution  ; 
the  arguments  in  your  message  had  been  fully  considered 
ill  the  repeated  di^.;ussionf>  of  the  suoject,  no  new  facts 
have  been  discovered  to  place  it  in  a  new  or  different 

'  Archives  ai  Mar/  ^nd  1  listorical  Society. 


It 


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2  20  Charles  Carroll  of  Carrollton. 

point  of  view.  Under  these  circumstances  reconsidera- 
tions must  produce  that  instability  of  decision  which  you 
must  admit  to  be  inconvenient  and  even  discreditable,  to 
public  councils. 

Although  we  decline  a  reconsideration  of  the  resolu- 
tion, you  are  not  thence  to  infer  we  consider  the  undis- 
puted possession  of  the  stock  of  little  importance  to  the 
State  ;  on  the  contrary,  with  you,  we  deem  it  an  object 
of  great  magnitude. 

Upon  the  mere  intimations  of  the  Chancellor,  and  ih'; 
opinions  of  council  as  to  the  justice  of  Russell's  cLir:, 
which  we  have  not  seen,  and  therefore  cannot  judge  of, 
we  can  scarcely  reason  at  all,  or  very  imperfectly,  for  our 
information  upon  these  points,  to  say  the  least,  is  -nest 
imperfect.  We  fear  not,  however,  of  being  contradic  .ed 
in  asserting,  that  the  recent  payment  of  Russell's  claim 
by  the  British  Government,  after  the  disclaimer  of  all 
right  to  the  stock  in  question  on  the  part  of  the  Crown, 
amounts  to  a  full  admission  of  the  right  of  this  State, 
and  ought  to  remove  every  obstacle  to  a  recovery  of  the 
whole.  Under  these  circumstances,  and  the  repeated  ad- 
missions of  our  right  to  a  partial  transfer,  we  think  the 
adoption  of  your  resolution  would  be  highly  impolitic. 
The  abandonment  of  a  large  portion  of  our  claim  can 
only  be  justified  by  an  immediate  and  pressing  demand 
for  money,  or  by  a  well  grounded  opinion  that  the  whole 
stock  will  be  hazarded  from  insisting  upon  an  uncondi- 
tional transfer. 

The  state  of  our  treasury  evinces  that  the  call  for 
money  is  not  so  very  pressing,  nor  can  we  admit  the  possi- 
bility of  losing  the  whole  by  contending  for  what  you,  as 
well  as  we,  conceive  to  be  the  right  of  the  State. 

Although,  in  the  present  situation  of  the  funds  cf  the 
United  States,  compared  with  those  of  Great  B;itain,  it 


\ 


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:\ 


i^ 


'f^ 


Senate  Messages  Reported. 


221 


ih',' 


he 
it 


r 

I 


might  by  some  be  thought  prudent  to  direct  a  sale  of  our 
bank  stock,  when  transferred,  and  to  invest  the  proceeds 
in  the  public  securities  of  the  Federal  Government,  yet 
this  measure  could  not  be  effected  at  the  present  price 
of  bank  stock,  without  such  a  loss  to  the  State  as  noth- 
ing can  warrant  but  extreme  necessity  on  our  part,  and 
the  probability  that  the  British  Government  will  either 
fail  or  violate  its  public  faith  by  the  seizure  of  the  prop- 
erty in  its  public  funds  of  a  friendly  State.  A  national 
bankruptcy  is  a  very  improbable  event,  and  the  seizure 
even  more  so  ;  for  public  credit,  sound  policy,  and  the 
modern  practice  of  civilized  nations,  have  rendered  sacred 
property  in  the  public  funds,  even  of  enemies. 

In  a  few  years  after  a  general  peace,  it  is  presumable 
that  the  bank  stock  in  England  will  rise  very  consider- 
ably, and  we  cannot  conceive  that  the  State  would  wil- 
lingly sustain  the  loss  arising  from  the  admission  of 
Russell's  claim,  and  the  present  withdrawing  this  money 
from  England.  It  has  indeed  been  urged,  that  although 
we  might  not  withdraw  the  bank  stock  upon  terms  so 
disadvantageous,  yet  it  would  be  politic  to  obtain  a 
transfer  to  Mr.  King  at  the  certain  loss  of  ten  thousand 
six  hundred  and  fifty  pounds  sterling,  the  amount  of 
Russell's  claim,  and  thus  prevent  farther  deductions,  by 
the  payment  of  other  claims. 

To  this  observation  we  reply,  that  the  same  principles 
which  would  now  induce  the  British  Government  to 
transfer  the  stock,  or  any  part  of  it,  will  continue  to 
operate  with  equal  force,  unless  counteracted  by  circum- 
stances w'^ich  at  this  time  we  have  no  right  to  antici- 
pate ;  from  the  interposition  of  other  claims,  nothing  in 
our  judgment  is  to  be  seriously  apprehended,  since  the 
claim  of  Russell,  the  trustee,  supposed  to  be  better 
founded  than  any  of  the  rest,  was  disallowed   by  the 


1  ii. 


m  * 


A 


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i    .1  Hist' 


t    'ii 


2  22         Charles  Carroll  of  Carrollton. 

Chancery  court  for  want  of  equity.  You  indeed  have 
supposed,  that  if  the  stock  should  continue  much  longer 
in  its  present  situation,  other  claims  may  hereafter  be 
brought  forward  and  admitted  ;  if  this  be  really  your 
opinion,  may  not  the  admission  of  Russell's  claim  serve 
as  a  precedent  for  the  allowance  of  others  equally  un- 
founded, and  which  may  finally  swallow  up  the  whole 
stock  ?  Nothing  is  risked  by  persisting  on  our  right,  but 
a  certi  ,  i^erhaps  a  total  loss,  may  arise  from  a  contrary 
and  teu  uig  conduct. 

Permit  ic  ">  observe,  that  the  claims  which  have  al- 
ready been  set  up  against  our  bank  stock,  and  deter- 
mined inadmissible,  will  not  alter  their  character,  and 
become  just  and  admissible  by  the  lapse  of  time  ;  but 
incidents  may  occur,  which,  if  they  will  not  justify,  may 
at  least  give  color  to  the  retention,  in  plain  English,  to 
the  forfeiture  of  this  stock  ;  in  discussions  of  this  kind, 
we  should  reject  the  workings  of  t'le  imagination,  and 
the  unreal  suggestions  of  fear,  it  being  the  interest  of 
both  countries  to  be  upon  good  terms,  and  to  maintain 
the  subsisting  harmony  which  cannot  long  be  maintained 
without  the  mutual  observance  of  justice  ;  we  conclude, 
and  upon  the  strongest  foundation,  that  both  Govern- 
ments will  continue  to  act  justly  towards  each  other. 

We  have  reason  to  believe  that  the  Chancellor  had 
not,  in  September  last,  dismissed  the  bill  of  the  State's 
assignee,  but  deferred  the  dismission  until  the  Attorney- 
General  should  be  instructed  thereon  by  the  Crown. 
The  last  authentic  advices  from  Mr.  King  to  the  Secre- 
tary of  State,  communicated  by  Mr.  Chase,  through  the 
executive,  to  the  General  Assembly  at  the  last  session, 
informed  them  that  the  Chancellor  would  dismiss  the 
bill,  on  the  allegation  thL.t  he  has  no  jurisdiction  of  the 
case  ;  then  neither  Russell's  representative,  or  any  other 


„'*j 


Rufus  Kings  Negotiation, 


223 


claimant  for  compensation  out  of  the  bank  stock,  can 
recover  in  a  court  of  equity  ;  indeed,  all  those  whose 
property  has  been  confiscated,  and  Russell's  family 
among  others  (as  already  observed),  have  been  indemni- 
fied by  the  British  Government.  Upon  what  principle, 
then,  can  it  be  maintained,  that  the  King  of  Great  Brit- 
ain may  of  right  retain  the  sum  awarded  and  paid  to 
Russell's  family  ?  And  if  that  sum,  why  not  others  ?  On 
no  other  ground,  we  conceive,  than  that  the  bank  stock, 
formerly  the  property  of  the  people  of  Maryland,  has  de- 
volved on  the  Crown  ;  will  you  then  be  pleased  to  point 
out  how  the  King  of  Great  Britain  has  become  heir  or 
successor  to  the  people  of  Maryland  ?  We  are  really  at 
a  loss  to  know  how  the  British  negotiator  will  make  out 
the  title  of  his  master  to  the  stock  of  this  State  in  the 
Bank  of  England  ;  should  he  fail  in  the  attempt,  the 
stock  surely  cannot  be  considered  as  property  to  which 
no  person  is  entitled,  it  must  belong  either  to  the  people 
of  Maryland  or  to  his  Britannic  majesty  ;  if  to  the  latter, 
whatever  right  he  may  formerly  have  had  to  it  he  has 
long  ago  disclaimed. 

You  have  laid  great  stress  on  the  policy  of  obtaining 
a  speedy  transfer  of  the  stock  ;  to  the  same  purpose  it 
was  urged,  in  a  discussion  of  this  subject  before  the  Sen- 
ate, that  if  Mr.  King,  for  so  many  months,  had  endeav- 
oured in  vain  to  procure  a  transfer,  what  chance  was 
there  that  he  would  be  more  successful  for  the  time  to 
come  ?  Be  it  remembered,  that  the  only  claim  stated  by 
Mr.  King,  as  an  obstruction  to  the  transfer,  was  consid- 
ered by  him  as  unjust  and  impolitic  ;  he  said  he  should 
resist  both  the  impolicy  and  injustice  of  it,  unless  other- 
wise instructed  by  the  legislature. 

Have  we  any  assurances  from  Mr.  King  himself,  that 
his  opinion  of  the  claim  has  been  since  altered  ?    Have 


♦  i 


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224  Charles  Carroll  of  Carrollton. 

any  reasons  been  adduced  by  him  to  prove  that  what 
was  then  unjust  and  impolitic  is  now  become  politic  and 
just  ?  Do  we  not  now  know  that  the  claim  in  question  has 
been  satisfied  by  the  British  Government  long  since  the 
dates  of  Mr.  King's  letters  on  this  subject  to  Mr.  Pick- 
ering ?  If  the  transfer  has  been  thus  long  delayed  from 
the  non-payment  of  Russell's  claim,  it  being  now  paid, 
and  that  stumbling  block  thus  removed,  we  have  <^he 
strongest  reason  to  expect,  both  from  the  equity  of  the 
case  and  true  policy,  that  the  stock,  if  not  already  trans- 
ferred to  Mr.  King,  will  not  much  longer  be  withheld. 
Bui  14  we  pass  the  resolution,  and  it  should  be  known  in 
England  before  the  transfer  is  made,  it  will  be  construed 
iutc  T  su;..^wder  of  the  ten  thousand  six  hundred  and 
fifty  pounds  sterling,  awarded  Russell,  which  though 
already  paid  by  the  British  Government,  may  be  stopped 
out  of  our  bank  stock,  not  to  be  twice  paid  to  Russell's 
family,  not  to  be  returned  into  the  British  treasury  (for 
the  sum,  though  an  object  to  this  State,  is  none  to  that 
nation),  but  it  will  probably  be  deemed  a  douceur,  given 
to  obtain  speedily,  what  really  is  our  right,  .and  will,  if 
insisted  on  with  perseverance,  be  at  length  obtained. 

Undoubtedly  Mr  King  will  imitate  the  worthy  exam- 
ple of  the  late  envoys  of  the  United  States  to  France, 
and  set  his  face  against  all  douceurs  ;  he  will  not  surely 
purchase  redress  at  the  expense  of  the  State,  unless  im- 
prudently authorized  to  act  differently.  Thus  judging 
of  that  gentleman,  our  confidence  in  him  is  not  less  than 
yours,  and  although  we  might  have  been  willing  to  con- 
fide to  him  a  real  discretion,  had  nothing  transpired  on 
this  subject,  we  again  submit  to  you,  whether  the  pub- 
licity of  the  proposed  resolution,  when  once  passed  by 
the  Legislature,  would  not  deprive  him  of  the  actual  ex- 
ercise of  it,  by  admitting  the  British  Government  to  a 


Laiv  of  Nations  to  Govern, 


225 


knowledge  of  our  ultimatum,  and  whether,  under  these 
circumstances,  it  would  not  amount  to  an  actual  aban- 
donment of  Russell's  claim. 

We  do  not  think  that  either  present  circumstances,  the 
interest  of  our  constituents,  or  the  state  of  our  finances, 
warrant  the  sacrifice  proposed.  Believing  that  the  State 
has  a  full  and  perfect  right  to  the  whole  stock,  for  its 
attainment  we  rely  on  the  justice  of  our  cause,  the  ability 
of  our  minister,  and  the  firm  support  of  the  general 
government.' 

[January  19,  1799.]     Gentlemen  : 

As  the  only  reasons  adduced  in  your  first  message 
were  urged  by  the  agent  of  the  bank  stock,  when  before 
the  Senate,  and  as  most  of  your  House  attended  on  that 
occasion,  we  were  certainly  warranted  in  asserting,  that 
your  message  contained  no  new  matter,  facts  or  argu- 
ments, to  induce  us  to  alter  our  opinion. 

We  admit  the  Chancellor  has  intimated  that  he  has 
not  jurisdiction  of  the  cause,  that  the  stock  is  in  the 
hands  of  the  accountant-general,  and  that  the  subject  is 
now  under  negotiation.  We  contend  that  the  principles 
of  the  law  of  nations  ought  solely  to  govern  in  such  a 
negotiation  ;  that  the  King  of  Great  Britain  ought  not  to 
avail  himself  of  the  circumstance  of  the  ;5tock  being  in 
the  hands  of  the  accountant-general  to  indemnify  any  of 
his  subjects  out  of  it,  if  a  right  to  the  stock  cannot  be 
established  in  the  Crown  ;  that  if  the  King  may  right- 
fully thus  indemnify  one  of  his  subjects,  he  may  indem- 
nify all  those  whose  property  has  been  confiscated  by 
this  State,  or  make  such  other  distribution  of  the  stock 
as  to  him  may  seem  meet. 

The  right  of  the  State  to  the  stock  we  deem  indisput- 
able.    In  your  former  message  it  is  said,  that  eminent 
'  Journal  of  the  Maryland  Senate, 

VOL.  II— 15 


\i 


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Mm 


,(. 


;  I      V 


r 


;•* 


226  Charles  Carroll  of  Carrollton, 

counsel  in  England  think  differently.  We  have  observed, 
and  repeat  the  observation,  that  opinions  we  have  not 
seen,  nor  the  reasons  on  which  they  are  grounded,  ought 
not  to  induce  us  to  relinquish  a  property  to  which  we 
are  persuaded  we  have  a  good  and  perfect  title.  If  such 
opinions  have  been  given,  and  have  come  to  the  knowl- 
edge of  Mr.  King,  and  if  the  reasons  on  which  they  are 
founded  appear  in  his  judgment  to  have  weight,  no  doubt 
he  will  communicate  them  to  the  Ge  leral  Assembly,  and 
when  communicated,  we  shall  give  them  all  the  consid- 
eration which  their  importance  may  merit. 

It  is  true  the  negotiation  of  Mr.  King  has  not  hitherto 
met  with  thy  desired  success,  but  it  does  not  follow  that 
he  may  not  succeed  hereafter.  Matters  of  this  nature 
between  independent  sovereignties  are  not  speedily  trans- 
acted, and  this  question  in  particular  may  have  given 
way  to  more  important  discussions,  A  year  or  two  hence 
may  be  as  favorable  a  time  for  negotiating  a  transfer  as 
the  present,  or  the  past ;  perhaps  more  favorable,  for 
then  the  person  forming  the  chief  obstacle  to  the  trans- 
fer of  the  stock  may  have  no  control  over  it. 

It  is  asserted  by  Mr.  Stanley,  that  the  Crown  has  dis- 
claimed already  all  right  to  the  stock,  and  we  are  in- 
formed that  Russell's  family  has  been  recently  paid  by 
the  British  Government ;  the  information  has  been  given 
to  one  of  our  members,  who  was  requested  by  his  in- 
formant not  to  divulge  the  person's  name  ;  the  truth  of 
it,  we  doubt  not  will  be  confirmed  in  a  short  time.  We 
cannot  conceive  what  right  or  title  the  Crown  can  now 
set  up  to  the  stock,  after  the  disclaimer  in  the  High 
Court  of  Chancery.  It  may  be  urged  that  Russell,  as 
trustee,  is  entitled  to  indemnification  out  of  the  stock, 
and  that  the  British  Government  having  paid  the  ten 
thousand  six  hundred  and   fifty  pounds   sterling,  may 


The  Croivn  Abandoned  All  Right.      227 


I 


retain  that  sum  out  of  the  stock  ;  first  it  must  be  decreed, 
that  Russell  was  entitled  to  be  indemnified  out  of  the  stock, 
and  as  the  Chancellor  has  declared  he  has  no  jurisdiction 
of  the  cause,  he  cannot  decide  judicially  on  the  supposed 
equitable  claim  of  Russell  ;  but  the  stock  cannot  be  got 
out  of  the  hands  of  the  accountant-general,  it  seems, 
without  the  consent  of  the  Crown,  which  may  not  be 
obtained,  unless  we  agree  to  compensate  Russell's  family. 
In  plain  English,  the  King  will  avail  himself  of  a  mere 
casuality  to  withhold  part  of  our  stock,  without  an  inves- 
tigation in  a  court  of  equity  of  the  right,  in  order  to 
indemnify  one  of  his  subjects,  and  thus  constitute  him- 
self both  judge  and  party.  If  Mr.  King  would  remon- 
strate against  such  a  proceeding,  with  that  decision  and 
force  of  argument  of  which  he  is  capable,  we  hope  the 
Chancellor  would  not  persevere  in  advising  his  Majesty 
to  adopt  a  measure  so  disgraceful  and  unjust. 

We  insist,  that  if  a  discretionary  power  be  now  given 
to  Mr.  King,  he  must  consider  it  a  departure  from  the 
instructions  of  the  last  session,  and  given  for  the  purpose 
of  procuring  a  transfer  by  the  loss  of  ten  thousand  six 
hundred  and  fifty  pounds  sterling.  He  will  conclude 
that  the  State  is  in  such  want  of  money  that  it  is  willing 
to  make  that  sacrifice  ;  as  that  is  not  our  situation,  and 
were  the  transfer  now  made,  as  we  think  it  would  be 
advisable  to  let  the  stock  remain  an  accumulating  fund 
in  the  Bank  of  England,  till  it  appreciates  much  beyond 
its  present  value,  we  cannot  consent  to  leave  to  Mr. 
King  the  use  of  his  discretion,  either  to  accept  a  partial, 
or  insist  on  a  transfer  of  the  whole  stock,  as  he  may 
judge  most  expedient ;  we  deem  ourselves  more  compe- 
tent to  judge  of  the  true  interest  of  the  State  than  Mr. 
King,  who  certainly  cannot  be  so  well  acquainted  with 
its  finances,  wants  or  resources. 


■J^ 


i-  r-iiwrrimTT' 


2  28        Charles  Carroll  of  Carrollton. 


I'M  ''vi' 


\'\ 


1  ; 


J IV. 


1.  r 


^ 


'  1  \ 


t!- 


We  have  expressed  an  opinion,  or  rather  hope,  that 
the  British  Government  will  act  justly  towards  this  coun- 
try ;  it  is  the  interest  of  both  countries  to  cultivate  peace, 
and  be  upon  good  terms  ;  that  differences  will  occa- 
sionally interrupt  this  harmony,  may  be  expected,  but 
moderation  and  a  due  regard  to  justice  and  true  policy, 
will  probably  terminate  amicably  such  differences  ;  we 
believe  that  both  Governments  are  disposed  to  act 
towards  each  other  in  this  manner,  and  though  this  may 
be  really  the  disposition  of  the  British  ministers,  yet  it  is 
possible  one  may  be  found  among  them  who  might  not 
reject  a  douceur  to  accommodate  a  friend.  Notwithstand- 
ing the  temporary  suspension  of  payment  in  cash  of  its 
notes,  the  Bank  of  England  has  considerably  appreciated 
within  twelve  months  ;  about  this  time  in  the  year  seven- 
teen hundred  and  ninety-seven  it  was  as  low  as  one 
hundred  and  nine  per  cent,  by  the  last  intelligence  it  had 
risen  to  one  hundred  and  twenty,  and  was  still  rising. 
P'rom  the  depressed  condition  of  the  commercial  rivals 
of  Great  Britain,  and  the  great  marts  and  sources  of 
trade,  which  peace  will  probably  leave  in  the  possession 
of  that  nation,  we  may  fairly  conclude,  that  in  a  short 
time  after  a  general  peace  the  Bank  stock  of  England 
will  attain  a  higher  value  than  ever.  In  this  view  of  the 
subject,  we  deem  it  unwise  to  sell  our  bank  stock  at 
present,  were  we  now  in  possession  of  it. 

The  objects  referred  to  in  your  message  unquestion- 
ably merit  the  attention  and  patronage  of  the  Legislature, 
and  if  money  could  be  borrowed  or  a  small  sum  even 
advanced  by  the  State,  to  remove  obstruction  in  the 
bed  of  the  Susquehanna,  individuals  might  be  encour- 
aged to  co-operate  in  opening  its  navigation,  without 
incurring  so  great  a  loss  as  the  present  sale  of  our  bank 
stock  would  occasion.     The  State  is  not  entirely  desti- 


Last  Letter  to  Washiuptoi. 


229 


of 


5-1 


tute  of  the  means  of  aiding  the  navigation  of  the  Patow- 
inack  and  8us(|uclianna  ;  to  render  it  as  complete  as 
nature  will  admit,  will  re([iiire  time  and  more  money  than 
we  can  now  command.  When  peace  has  raised  the 
value  of  our  stock  in  the  Bank  of  England,  a  sale  of 
part  may  be  made,  and  tlie  proceeds  applied  to  those 
two  great  objects  ;  we  doubt  not  the  wisdom  of  our  suc- 
cessors will  make  the  application  ;  the  very  difference 
between  the  present  and  future  j)robable  value  of  our 
bank  stock  would  more  than  complete  the  navigation 
of  those  rivers. 

If  we  apprehended  that  the  State  might  lose  the  whole 
of  its  stock  by  insisting  on  the  unconditional  transfer, 
we  would  assent  to  your  resolution,  but  believing  that 
no  risk  is  incurred,  we  will  not  submit  to  a  certain  loss 
to  obtain  what  we  flatter  ourselves  will  be  obtained  from 
the  justice  of  our  case  in  the  course  of  a  few  years.' 

The  following  letter  relating  to  the  navigation 
of  the  Potomac  was  written  by  Charles  Carroll  of 
Carrollton  to  General  Washington,  in  reply  to  the 
latter,  who  had  expected  to  see  Carroll  and  others 
in  Georgetown  at  a  proposed  meeting  of  the  Poto- 
mac Company.  These  were  probably  the  last  letters 
that  passed  between  the  two  friends. 

UoUGiiouKCAX.  5th  Aug.  1799. 

Dear  Sir  : 

I  did  not  receive  your  favor  of  the  21st  past,  until 
yesterday.  The  pleasure  of  seeing  you  at  George  Town 
would  have  been  a  strong  inducement  to  me  to  attend 
the  meeting  of  the  Company  to  be  held  there  this  day, 
even  on  so  short  a  notice  of  your  intention  of  giving 
your  attendance,  had  I  not  learnt  at  the  same  time  I  got 

» Ibid. 


I    i 


■  ] 


230         Charles  Carroll  of  Can'olltoii. 

your  letter  lluU  you  have  been  lately  imu  h  indisposed. 
Mr.  Law,  however,  from  whom  this  disagreeable  intelli- 
gence came,  concluded  his  letter,  I  am  told,  by  s? 
you  was   then  on  the  recovery.     I  sincerely  hope  ...id 
wish  you  may  be  speedily  restored  to  perfect  health. 

I  have  written  to  my  relative  Mr.  Dan  :  Carroll  of 
Duddington,  and  authorized  him  to  subscribe  on  my 
behalf  one  hundred  dollars  for  each  of  the  shares  I  hold, 
provided  the  sum  of  forty  thousand  dollars  be  subscribed. 
The  circular  letter  of  the  directors  states  that  ;^6o,ooo 
will  certainly  complete  the  navigation  from  above  Fort 
Cumberland  to  tide-water ;  a  less  sum  therefore  than 
$40,000,  I  conceive  if  subscribed  and  paid^  would  be 
doing  little  or  nothing.  No  jierson  who  could  be  de- 
])ended  on,  would  undertake  by  contract  a  work 
twenty  or  thirty  thousand  dollars,  the  completioi 
which  according  to  accurate  estimates,  would  require 
l|6o,ooo.  I  entirely  coincide  with  your  opinion,  that 
what  remains  to  be  done  to  perfect  the  navigation  of 
the  Potomack,  should  be  done  by  contract,  under  the 
inspection  of  the  directors,  or  of  one  or  two  confidential 
and  intelligent  persons  to  be  by  them  appointed  to 
superintend  the  contractor. 

I  have.  Sir,  an  opinion  equally  sanguine  as  yours,  of 
the  eventual  productiveness  to  the  stockholders,  and 
utility  to  the  public  of  this  great  undertaking,  but  fear 
it  will  not  be  completed  for  some  years,  from  the  want 
of  funds,  and  the  inability  of  the  stockholders  to  furnish 
them  to  the  extent  estimated  and  required.  This  State, 
to  judge  from  the  transactions  of  the  last  session  of  its 
legislature,  will  advance  no  more  money  towards  that 
object,  and  similar  causes  may  produce  the  same  effects 
in  the  Legislature  of  Virginia. 

I  beg  you  to  present  my  respects  to  Mrs.  Washington, 


1:\ 


.   „    ..-H,       I 


■---■r  yifr"^  ■.'■■" 


Death  of  \Va shi Hilton  A nnoitnccd,       231 

and  to  receive  the  assurance  of  the  perfect  esteem  and 
very  sincere  regard  of, 

Dear  Sir, 
Your  most  liumble  servant 
Ch.  Carroll  of  Carrollton.' 

Charles  Carroll's  able  management  of  the  affair 
of  the  bank  stock,  and  his  statesman-like  papers  on 
the  subject,  in  which  the  rights  and  dignity  of  the 
Government  of  Maryland  are  upheld,  in  a  contro- 
versy with  the  Government  of  Great  Britain,  form 
a  fitting  close  to  the  services  rendered  his  native 
State  in  a  long  public  career.  As  a  Federalist,  he 
doubtless,  in  the  session  «  f  1798,  fully  endorsed  the 
action  of  the  Assembly,  in  their  address  to  President 
Adams,  approving  of  his  administration,  both  in  its 
foreign  policy  and  its  "  late  regulations  for  internal 
quiet ; "  and  he  may  have  suggested  the  Senate's 
amendment  in  reference  to  the  **  faction  opposed  to 
the  government  of  our  choice."  John  Adams  in  his 
reply  complimented  Maryland  in  these  words :  •*  Con- 
vinced, as  I  have  been,  by  an  attentive  observation  of 
more  than  twenty  years,  that  there  is  no  State  in  this 
Union  whose  public  affairs,  upon  all  great  national 
occasions,  have  been  conducted  with  more  method, 
wisdom  and  decision,  or  whose  results  \sic\  have  been 
the  effect  of  a  more  comprehensive  and  profound 
view  of  the  subject,  than  those  of  the  State  of 
Maryland  etc." 

There  was  reserved  one  more  scene  in  the 
Assembly  in  which  Charles  Carroll  of  Carrollton 
was   to   be    a   conspicuous   figure,   the   impressive 

'  Pennsylvania  Historical  Society. 


^  ■■  I  ?■ 


t      ; 


;  I 


232         Charles  Carroll  of  Carrollton. 

occasion  of  the  announcement  of  Washington's 
death,  in  the  session  of  1799.  On  December  17th, 
the  Senate,  "  to  giv<"  the  people  a  pubh'c  oppor- 
tunity of  regretting'  ie  irreparable  loss  which  their 
country  has  sustained  "  proposed  a  day  of  "  mourn- 
ing, humiliation,  and  prayer,"  throughout  the  State. 
It  was  then  ordered,  **  That  Mr.  Carroll  and  Mr. 
Forrest "  communicate  the  above  Resolution  to 
the  House  of  Delegates  ;  and  also  the  Resolution 
that,  "The  General  Assembly  of  Maryland,  feeling 
the  most  undissembled  sorrow  for  the  irreparable 
loss  of  the  illustrious  Washington,  and  anxious  to 
pay  every  tribute  of  respect  to  the  memory  of  the 
departed  friend  to  his  country,"  furnish  a  scarf  and 
hatband  to  the  Governor,  President  of  the  Senate, 
and  all  the  members  of  the  Senate  and  House,  in 
attendance  on  the  Assembly,  all  the  Council,  clerks, 
and  every  ofificer  of  the  State  and  General  Govern- 
ment in  Annapolis  **  to  be  worn  during  the  session 
as  the  external  mark  of  their  unfeigned  grief."  ' 

Roger  Brooke  Taney,  then  serving  his  first  year 
in  the  Assembly,  as  the  young  member  from  Calvert 
County  in  the  House  of  Delegates  has  preserved  a 
touching  account  of  Charles  Carroll's  appearance 
with  these  Resolutions,  in  the  House  of  Delegates. 
It  will  be  seen  that  Taney's  memory  was  at  fault 
as  to  Carroll's  colleague,  who  was  not  John  Eager 
Howard,  then  in  Congress,  but  the  prominent 
member  of  the  Senate,  Uriah  Forrest  of  St.  Mary's 
County.  This  gentleman  had  been  a  lieutenant- 
colonel  in  the  Maryland  Line,  receiving  a  wound  at 

'  Journal  of  the  Maryland  Senate. 


1 

1 

1  . 

1 

1 


Scene  Described  by  Taney, 


Germantown  from  the  effects  of  which  he  never 
recovered.  He  had  also  served  in  Congress,  both 
before  and  after  the  adoption  of  the  Federal 
Constitution. 

"  General  Washington  died  while  the  Legislature  was 
still  in  session.  The  news  reached  Annapolis  in  the 
evening,  and  the  next  morning,  when  the  House  met, 
almost  every  countenance  looked  sad,  and  nothing 
else  was  spoken  of.  Immediately  after  the  Houses  were 
organized,  the  Senate  sent  down  a  message  to  the  House 
of  Delegates  proposing  to  pay  appropriate  honors. 
Charles  Carroll  of  Carrollton  and  John  Eager  Howard 
[Uriah  Forrest]  two  of  the  most  distinguished  men  in 
Maryland  were  appointed  by  the  Senate  to  bring  the 
message,  and  I  never  witnessed  a  more  impressive  scene. 
The  two  honored  Senators  with  their  gray  locks,  stood 
at  the  bar  of  the  House  with  the  tears  rolling  down  their 
cheeks.  The  Speaker  and  members  rose  to  receive 
them,  and  stood  while  the  message  was  delivered.  It 
was  no  empty  formal  pageant.  It  was  the  outward  sign 
of  the  grief  within,  and  few  were  present  who  did  not 
shed  tears  on  the  occasion.  My  eyes,  I  am  sure,  were 
not  dry."  ' 

'  Tyler's  "  Life  of  Roger  Brooke  Taney"  p.  85. 


^^'v 


isS 


'I 


U 


m 


,  1 


s\ 


;  •11 


r'i\ 


\\M 


:iV 


f     U  ! 


1       i 


'  >i 


4|. 


i 


CHAPTER  VII. 

RETIREMENT  FROM  PUBLIC  LIFE. 
1 800-1 807. 

WITH  the  beginning  of  the  new  century  Charles 
Carroll's  public  career  came  to  an  end,  the 
session  of  1800  being  his  last  one  in  the  Maryland 
Senate.  The  Federalists  who  were  in  a  majority  of 
two  to  one  in  the  House  of  Delegates  in  1800,  were 
reduced  to  a  minority  in  1801,  and  the  political 
character  of  the  Senate  was,  of  course,  altered  as 
materially,  the  victorious  party  of  Jefferson  hav- 
ing been  triumphant  in  Annapolis  as  well  as  in 
Washington. 

The  question  of  the  mode  of  appointing  electors 
for  President  and  Vice-President  agitated  Mary- 
land at  this  time.  The  Virginia  Legislature  had 
passed  a  law  requiring  electors  to  be  chosen  by  a 
general  ticket ;  this  gave  the  whole  electoral  vote 
to  Jefferson.  Maryland  wanted  to  give  her  whole 
vote  to  John  Adams,  but  though  the  counties  were 
Federalist,  Baltimore,  with  its  large  commercial 
interests,  was  in  favor  of  Jefferson,  and  in  order  to 
prevent   Baltimore's    majority   from    overpowering 

234 


Letter  to  Alexander  Hamilton. 


235 


that  of  the  counties,  it  was  proposed  that  the 
Legislature  should  elect  the  electors.  Robert 
Goodloe  Harper  wrote  a  pamphlet  in  favor  of  this 
plan,  but  many  objected  to  it  as  depriving  the 
people  of  their  rights.  The  contest  resulted  as  has 
been  said,  in  the  defeat  of  the  Federalists.  The 
following  correspondence  between  Charles  Carroll  of 
CarroUton  and  Alexander  Hamilton,  touches  upon 
this  point  and  it  is  seen  how  strongly  Carroll  dis- 
trusted and  dreaded  the  new  party  which  was  coming 
into  power  with  the  election  of  Jefferson. 


Annapolis,  iSth  April,  1800. 
Dear  Sir  : 

.  .  .  We  have  strange  reports  circulated  among  us 
respecting  the  prevalence  of  Jacobinical  principles  in 
your  State.  It  is  asserted  with  confidence  by  the  Anti- 
federal  party  here,  that  all  your  electors  will  vote  for 
Mr.  Jefferson  as  President.  If  such  an  event  should 
really  happen,  it  is  probable  he  will  be  chosen.  Of  such 
a  choice,  the  consequences  to  this  country  may  be 
dreadful.  Mr.  Jefferson  is  too  theoretical  and  fanciful 
a  statesman  to  direct  with  steadiness  and  prudence  the 
affairs  of  this  extensive  and  growing  confederacy.  He 
might  safely  try  his  experiments,  without  much  incon- 
venience in  the  little  republic  of  St.  Marino,  but  his 
fantastic  tricks  would  dissolve  this  Union.  Perhaps 
the  miseries  of  France,  and  more  especially  the  govern- 
ment of  Buonaparte,  may  have  weaned  him  from  his 
predelictions  for  revolutions.  I  once  saw  a  letter  of 
his,  in  which,  amongst  several  others,  was  contained 
this  strange  sentiment, — '  that  to  preserve  the  liberties 
of  a  people,  a  revolution  once  in  a  century  was  neces- 


t  ii 


ii' 


■f  ^  •  \ 


J 


.1'  i 


I 

Ml? 


236  Charles  Carroll  of  Carroll to7t. 


r  ^m 


1^'  1 

1 

1  '* 

r  '■  ' 

'J 

sary.*  A  man  of  this  way  of  thinking,  may  be  said  to 
be  fond  of  revolutions  ;  yet,  possibly,  were  he  the  chief 
magistrate,  he  might  not  wish  for  a  revolution  during 
his  presidency. 

I  beg  my  respects  to  Mrs.  Hamilton,  and  to  be  kindly 
remembered  to  General  Schuyler. 

I  am,  with  very  great  regard  and  esteem,  Dear  Sir, 
Your  most  humble  servant, 
Charles  Carroll  of  Carrollton.' 

[To  Alexander  Hamilton  Esq.] 

New  York,  July  ist,  1800. 
Dear  Sir  : 

I  yesterday  returned  from  an  excursion  through  three 
of  the  four  eastern  States,  and  found  your  letter  of  the 
18th  of  April.  It  is  very  necessary  that  the  true  and 
independent  friends  of  the  government  should  communi- 
cate, and  understand  each  other,  at  the  present  very  em- 
barrassed and  dangerous  crisis  of  public  affairs.  I  am 
glad,  therefore,  of  the  opportunity  which  your  letter 
affords  me  of  giving  you  some  explanations  which  may 
be  useful.  They  are  given  without  reserve,  because  the 
times  forbid  temporising,  and  I  hold  no  opinions  which 
I  have  any  motives  to  dissemble.  As  to  the  situation  of 
this  State  with  regard  to  the  election  of  President,  it  is 
perfectly  ascertained  that  on  a  joint  ballot  of  the  two 
houses  of  our  legislature  the  opposersof  the  government 
will  have  a  majority  of  more  than  twenty  ;  a  majority 
which  can  by  no  means  be  overcome.  Consequently  all 
our  electors  will  vote  for  Mr.  Jefferson,  and  Mr.  Burr. 
I  think  there  is  little  cause  to  doubt  that  the  electors  in 
the  four  eastern  States  will  all  be  federal. 

The  only  question  seems  to  be  as  to  Rhode  Island, 

'  Hamilton's  Works  of  Alexander  Hamilton,  vol.  vi.,  p.  434. 


Hamilton  to  Carroll. 


237 


where  there  is  some  division,  and  a  state  of  things  rather 
loose.  Governor  Fenner,  as  far  as  he  may  dare,  will 
promote  the  interest  of  Jefferson. 

A  considerable  diversion  in  favor  of  the  opposition 
has  lately  been  made  in  New  Jersey.  But  the  best  and 
best  informed  men  there,  entertain  no  doubt  that  all  her 
electors  will  still  be  federal,  and  I  believe  this  opinion 
may  be  relied  upon. 

I  go  no  further  South,  as  I  take  it  for  granted  your 
means  of  calculation  with  regard  to  that  quarter  are,  at 
least,  equal  to  mine. 

The  result  of  a  comprehensive  view  of  the  subject, 
seems  to  me  to  be,  that  the  event  is  uncertain,  but  that 
the  probability  is,  that  a  universal  adherence  of  the  fed- 
eralists to  Pinckney  will  exclude  Jefferson. 

On  this  point  there  is  some  danger,  thougli  the  great- 
est number  of  strong  minded  men  in  Nev/  England  arc 
not  only  satisfied  of  the  expediency  of  supporting  Pinck- 
ney^ as  giving  the  best  chance  against  Jefferson,  but  even 
prefer  him  to  Adams ;  yet  in  the  body  of  that  people 
there  is  a  strong  personal  attachment  to  this  gentleman, 
and  most  of  the  leaders  of  the  second  class  are  so  anx- 
ious for  his  re-election  that  it  will  be  difficult  to  con- 
vince them  that  there  is  as  much  danger  of  its  failure  as 
there  unquestionably  is,  or  to  induce  them  faithfully  to 
co-operate  in  Mr.  Pinckney,  notwithstanding  their  com- 
mon and  strong  dread  of  Jefferson. 

It  may  become  advisable,  in  order  to  oppose  their 
fears  to  their  prejudices,  for  the  middle  States  to  declare 
that  Mr.  Adams  will  not  be  supported  at  all,  when  see- 
ing his  success  desperate,  they  would  be  driven  to  ad- 
here to  Pinckney.  In  this  plan  New  Jersey  and  even 
Connecticut,  may  be  brought  to  concur.  For  both  these 
States  have  generally  lost  confidence  in  Mr.  Adams. 


'i 


r\J-^     >^*>     «^t|MLZ> 


238  Charles  Carroll  of  Car rollton. 


'i   V  I 


11- .,; 


But  this  will  be  best  decided  by  future  events  and 
elucidations.  In  the  meantime  it  is  not  advisable  that 
Maryland  should  be  too  deeply  pledged  to  the  support 
of  Mr,  Adams. 

That  this  gentleman  ought  not  to  be  the  object  of  the 
Federal  wish,  is,  with  me,  reduced  to  demonstration. 
His  administration  has  already  very  materially  disgraced 
and  sunk  the  government.  There  are  defects  in  his 
character  which  must  inevitably  continue  to  do  this 
more  and  more.  And  if  he  is  supported  by  the  federal 
party,  his  party  must  in  the  issue  fall  with  him.  Every 
other  calculation,  will  in  my  judgment,  prove  illusory. 

Doctor  Franklin.,  a  sagacious  observer  of  human 
nature,  drew  this  portrait  of  Mr,  Adams  : — "He  is  al- 
ways honest,  sometimes  great,  but  often  inady  I  sub- 
scribe to  the  justness  of  this  picture,  adding  as  to  the 
first  trait  of  it  this  qualification — "as  far  as  a  man 
excessively  vain  Tindi  Jealous,  and  ignobly  attached  to  place 
can  be," 

With  consideration  and  esteem,  I  am,  dear  Sir,  &c 

[Alexander  Hamilton.] 
To  Charles  Carroll  of  Carrollton,' 


1 1 


Brooklandwood,  near  Baltimore,  Aug.  27th,  1800. 
Dear  Sir  : 

I  received  this  morning,  at  this  place,  the  country 
residence  of  my  son-in-law,  Mr,  Caton,  your  letter  of  the 
7th  instant.  I  wish  it  were  in  my  power  to  give  you 
pleasing  intelligence  of  the  politics  in  this  State.  Our 
county  (Ann  Arundel),  which  was  lately  so  federal  is  at 
present  much  divided  in  the  upper  part  of  it,  I  suspect 
there  is  a  majority  for  anti-federal  candidates  to  our 

^  Ibid.,  vol.  vi.,  p.  445. 


ii 


■^«.»mw-«i)sr«ws«y?!<'' '7  •'r-'wwrewpB'" 


ye ffer son  s  Election  Dreaded,  239 


State  legislature.  This  change  of  sentiment  has  been 
principally  effected  by  a  few  characters,  who,  profiting 
by  the  report  that  our  legislature  would  take  from  the 
people  the  right  of  choosing  the  electors  of  President 
and  Vice-President,  have  infused  such  jealousies  into 
the  minds  of  the  people,  that  I  fear  the  federal  ticket 
will  not  prevail  in  Ann  Arundel,  unless  the  candidates 
will  promise  not  to  take  from  the  people  the  choice  of 
electors. 

Notwithstanding  the  arts,  and  lies,  and  indefatigable 
industry  of  the  Jacobins  in  this  State,  I  am  of  opinion  a 
great  majority  of  its  inhabitants  are  friendly  to  the  fed- 
eral government  and  its  measures.  I  suspect  Jefferson 
and  Burr  will  have  three  votes  in  this  State,  and  that  the 
electors  will  be  chosen  by  districts,  and  not  by  the  legis- 
lature. The  federal  electors  will  vote  for  Adams  and 
Pinckney,  although  the  former  has  lost  the  confidence  of 
many  of  the  federals  from  the  incidents  to  which  you 
allude,  and  which  are  pretty  generally  circulated  through 
this  State. 

It  is  the  character  of  the  age  to  be  timid  and  suspi- 
cious ;  and  this  infirmity,  so  natural  to  men  of  my  time  of 
life,  has  no  doubt  its  influence  on  my  mind.  I  much  fear 
that  this  country  is  doomed  to  great  convulsions,  changes 
and  calamities.  The  turbulent  and  disorganizing  spirit 
of  Jacobinism,  under  the  worn-out  disguise  of  equal 
liberty  and  right,  and  equal  division  of  property,  held  out 
to  the  indolent  and  needy,  bu'.  not  really  intended  to  be 
executed,  will  introduce  anarchy,  which  will  terminate 
here,  as  in  France,  in  a  military  despotism. 

I  understand  Jefferson  and  Burr  have  all  the  votes  in 
Virginia.  How  the  votes  will  be  to  the  southward  of 
that  State  I  can  form  no  opinion,  having  no  sure  data  to 
form  one.     If  the  Virginia  electors  should  suspect  that 


t.  'J»  \ 


\\ 


n  H 


.: 


240  Charles  Carroll  of  Carrollton. 

Burr  might  out-vote  their  favorite,  Jefferson,  they  would 
leave  out  Burr,  or  only  leave  him  a  few  votes. 

I  hope  the  eastern  electors,  in  a  case  of  so  much  im- 
portance, and  when  they  come  to  consider  the  baneful 
effects  which  may  result  from  their  giving  a  chance  to  the 
election  of  Jefferson  or  Burr  for  President,  will  vote 
unanimously  for  Adams  and  Pinckney  :  if  they  do  not 
act  in  this  manner,  it  is  highly  probable  that  Jefferson 
will  be  elected  President. 

Although  I  dislike  laws  and  changes  suited  to  the  spur 
of  the  occasion,  yet  as  I  see  many  evils  are  likely  to  re- 
sult from  the  choice  of  a  Jacobinical  President,  the 
insidious  policy  of  Virginia  should,  in  my  opinion,  be 
counteracted  ;  and  if  we  should  have  a  federal  House  of 
Delegates  (of  which  I  really  have  doubts  from  the  present 
ferment  in  public  minds,)  I  hope  the  legislature  will 
choose  **  pro  hac  vice,"  the  electors  of  President  and 
Vice-President.  I  say  I  hope,  for  I  am  not  certain,  even 
if  the  new  House  of  Delegates  should  be  federal,  that 
they  would  pass  such  a  law,  as  many  of  the  members  will 
probably  be  instructed  not  to  vote  for  it. 

I  have  given  you  my  sentiments  upon  the  subject  of 
your  letter  and  all  the  information  I  possess,  which,  to 
speak  the  truth,  is  chiefly  derived  from  others,  and  those 
well  disposed  to  our  present  government. 

Burr  will  probably  act  with  more  decision  than  Jeffer- 
son, if  elected  President,  and  will  go  on  better  with  his 
party,  but  will  not  Jefferson  be  afraid  to  disoblige  his 
party,  and  may  he  not  be  driven  to  measures  which  his 
own  judgment  would  reject. 

A  wise  and  federal  Senate  may,  for  a  considerable  time, 
restrain  the  wild  projects  of  the  Jacobin  faction,  and  in 
politics  as  in  war,  who  gains  time,  I  will  not  say  with  the 
great  Frederick,  gains  everything^  but  gains  du  great  deal. 


Marriao^c  of  Charles  Carroll,  Jr.       241 

If  the  war  in  Europe  should  be  protracted  to  another 
year,  I  fear  the  anti-federal  party  will  endeavor  to  pre- 
cipitate this  country  into  a  war  with  England,  and  the 
depredations  committed  by  her  cruisers  on  our  trade  will 
aid  their  designs.  I  hope,  however,  the  coming  winter 
will  produce  a  general  peace.  In  chat  event  we  shall 
have  one  evil  the  less  to  dread  from  the  machinations  of 
the  enemies  of  order  and  good  government. 

It  is  much  to  be  wished  that  our  envoys  to  France 
may  be  able  to  accommodate  our  differences  with  that 
nation,  before  peace  is  concluded  between  it  and  England, 
otherwise  Buonaparte  will,  I  fear,  make  us  purchase  the 
forbearance  of  the  great  nation  at  a  very  dear  rate. 

I  am  with  sentiments  of  high  esteem  and  respect,  dear 
Sir,  Your  most  humble  servant, 

Charles  Carroll  of  Carrollton. 

[To  Alexander  Hamilton,  Esq.] ' 

Two  marriages  in  the  family  of  Charles  Carroll  of 
Carrollton  about  this  time,  must  have  been  matters 
of  deep  interest  to  him  as  a  parent,  making,  as  they 
did,  a  complete  change  in  his  domestic  circle. 
Charles  Carroll,  Jr.  married  on  the  17th  of  July,  1800, 
Harriet,  daughter  of  the  Hon.  Benjamin  Chew,  Chief 
Justice  of  Pennsylvania,  of  the  same  family  as  the 
Chews  of  Maryland  and  Virginia.  Judge  Chew  had 
been  twice  married,  and  was  the  father  of  six  daugh- 
ters. Several  of  these  ladies  were  celebrated  as 
belles  in  the  social  annals  of  Philadelphia.  Of  the 
two  elder  ones,  Joseph  Shippen,  one  of  Philadel- 
phia's local  poets,  wrote  in  flattering  phrases  in 
some  lines  on   the  city  beauties ;  while   **  Peggy  " 

'  Ibid.,  vol.  vi.,  p.  467. 
VOL.  n— 16 


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242  Charles  Carroll  of  Carrollton, 

Chew,  the  eldest  of  the  younger  group  of  sisters, 
was  one  of  the  heroines  of  the  "  Meschianza,"  in 
which  entertainment  she  was  associated  with  the 
unfortunate  Major  Andrc'  by  whom  she  was  greatly 
admired.  Though  the  Chews  were  Tories,  the  beau- 
tiful **  Peggy  "  married  a  gallant  Continental  officer, 
Col.  John  Eager  Howard.  This  wedding  took  place 
in  1787,  at  the  time  of  the  session  of  the  Federal 
Convention,  and  General  Washington  was  present 
at  the  ceremony. 

The  three  other  sisters  were  Harriet,  Mrs.  Carroll; 
Sophia,  Mrs.  Henry  Philips ;  and  Maria,  Mrs.  Mick- 
lin.  Portraits  of  Mrs.  Howard,  Mrs.  Carroll,  and 
Mrs.  Philips  are  extant  painted,  the  former  by  Pine, 
and  the  other  two  by  Trumbull.  A  daughter  of 
Benjamin  Chew,  Jr.,  only  brother  of  these  ladies, 
married  the  Hon.  James  Murray  Mason  of  Virginia. 
The  beautiful  home  of  the  Chews  at  Germantown 
— '*  Cliveden  " — erected  in  1761,  still  stands,  and  re- 
mains in  possession  of  the  family.  It  attained 
celebrity  during  the  Revolution  as  the  Chew  House, 
around  which  the  battle  of  Germantown  was  fought. 
Sophia  and  Harriet  Chew  were  great  favorites  with 
Washington,  and  he  saw  much  of  them  while  Con- 
gress was  in  session  at  Philadelphia.  When  Wash- 
ington sat  for  his  portrait  to  Gilbert  Stuart  at  the 
artist's  house  in  April,  1796,  it  is  related  that  he 
was  several  times  accompanied  by  Harriet  Chew, 
"  whose  conversation,  he  said,  should  give  his  face 
its  most  agreeable  expression."  *  Col.  Howard 
had  entered  Congress,  from  Maryland,  in  1796. 

'  Griswold's  "  Republican  Court,"  p.  411. 


•*  IlouiewooiV  and  "  The  Ilouicstcad!'     243 

Charles  Carroll.  Jr.,  was  twenty-five  at  the  date  of 
his  marriage,  and  tradition  says  he  had  been  in  love 
earlier  with  Nellie  Custis,  the  charming  c^randdau^h- 
tcr  of  Mrs.  Washington.  A  letter  from  Charles 
Carroll  of  Carrollton  to  his  son,  dated  the  3d  of 
July,  has  this  quaint  allusion  to  the  marriage  settle- 
ment, and  the  fee  to  the  lawyer,  Charles  Carroll's 
relative  and  old  friend,  William  Cooke.  "  Mr.  Cooke 
asks  a  quarter  cask  of  Madeira  for  drawing  the 
marriage  settlement.  I  have  written  him  that  I  shall 
present  you  this  summer  or  autumn  with  a  but  of 
Madeira  out  of  which  you  will  let  him  have  thirty 
gallons."  '  In  the  same  letter  the  father  writes : 
"  I  cannot  be  present  at  the  ceremony.  A  journey 
to  Philadelphia  at  this  hot  season  would  be  too 
fatiguing  for  me."  It  will  be  remembered  that  at 
this  time  a  journey  to  Philadelphia  from  Baltimore 
was  no  light  undertaking,  and  could  not  be  accom- 
plished in  less  than  five  days.  The  young  couple 
established  themselves  at  "  Homewood,"  an  estate 
in  Baltimore  County,  on  which  Charles  Carroll  of 
Carrollton  had  built  for  his  son  a  handsome  brick 
residence,  which  is  still  standing,  attracting  the  ad- 
miration of  modern  architects. '' 

One  mile  south  of  "  Homewood  "  was  the  Patter- 
son place  "  The  Homestead  "  where  Jerome  Bona- 
parte and  his  brilliant  American  bride  lived  for  the 
one  short  year  of  their  ill-starred  alliance.  The  hills 
around  the  growing  young  city  of  Baltimore  were 


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'  Family  papers,  Hon.  John  Lee  Carroll. 

*  "  Examples  of  Domestic  Architecture  in  Maryland  and  Virginia." 
By  James  M.  Corner  and  E.  E.  Soderholtz.     Boston,  1892. 


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244  Charles  Canvll  of  Carrollton, 

adorned  with  the  country  lionies  of  many  of  its 
prominent  citizens,  most  of  tlu.m  incUidcd  since 
within  its  corporation  h"mits.  The  neiL^hborinj^f  ri.-si- 
dencc  to  "Tile  Homestead"  was  "  (ireen  Mount," 
now  a  cemeter)',  but  then  the  liandsome  estate  of 
Robert  Oliver.  At  "Druid  Hill,"  Jialtimore's 
beautiful  park,  lived  Col.  Nicholas  Rof_;ers,  a  Rev- 
olutionary officer  who  devoted  his  last  years  to  the 
delis^hts  of  landscape  j^Mrdenint^f.  Col.  John  Eager 
Howartl  had  brought  "  Peggy  Chew  "  from  stately 
"  Cliveden  "  to  a  newer  but  even  more  imposing 
home  in  ^.-laryland,  lovely  "  Iklvederc,"  now  a  most 
valuable  city  property.  Among  Col.  Howard's 
liberal  gifts  of  land  to  Baltimore  was  the  ground  on 
which  stands  the  Washington  Monument.  He  was 
wise  enough,  however,  in  his  bequests  to  provide 
that  "  Helvedere  "  should  not  be  swallowed  up  in 
the  city's  progress.  When  in  1784,  he  subscribed  a 
certain  amount  of  money  for  opening  Calvert  Street, 
he  gave  it  with  the  condition  that  the  street  should 
not  be  made  to  run  through  his  grounds.  "  Beech- 
wood,"  the  home  of  Robert  Gilmor,  lay  on  an  ele- 
vated site  west  of  Baltimore,  overlooking  the  wide 
river.  And  nine  miles  from  the  city  rose  the  walls 
of  palatial  "  Hampton,"  built  by  Capt.  Charles 
Ridgely  of  the  Continental  Navy,  in  17^3.  iins 
place  remains  to-day  in  the  Rid;'  '  niily,  and 
like  "  Doughoregan  Manor,"  it  is  k  ap  in  all  tk^ 
pride  and  beauty  of  these  years  of  vv.iich  a\  c  write. 
Mary  Caton  lived  with  her  husband  at  "  Bruokland- 
wood  "  another  handsome  estate  not  far  distant,  at 
the  entrance  of  what  is   known   as   Green   Spring 


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245 


Valley.  And  here  the  lovely  Caton  sisters  were  to 
grow  up,  three  of  them  marrying  abroad,  later,  into 
titled  English  houses. 

Other  country-seats  nearer  Washington,  where 
lived  Charles  Carroll's  relatives  or  friends,  were 
"  The  Woodyard,"  "  Poplar  Hill,"  "  Mclwood," 
"Bel  Air"  and  '*  Oxon  Hill,"  the  homes  of  the 
Darnalls,  Sewalls,  Diggeses,  Ogles,  and  yVddisons. 
The  easy  social  life  of  the  Southern  planter  and 
country  gentleman,  Charles  Carroll  of  Carrollton 
would  now  have  leisure  to  enjoy,  unimpeded  by  calls 
of  public  duty.  But  in  this  the  last  year  of  the 
Federalist  administrations,  he  had  many  misgivings 
for  the  future  of  his  country  which  was  to  exchange 
the  policies  of  Washington  and  Adams  for  the  un- 
tried system  of  Jeffersonian  Democracy.  In  a  letter 
written  to  his  son,  a  few  months  after  the  latter's 
marriage,  he  expresses  the  same  views  confided  to 
Hamilton,  and  he  seems  to  fear  anarchy,  and  to  con- 
template seriously  the  possibility  of  being  driven 
into  exile.  He  writes  from  the  home  of  Mrs.  Caton, 
(from  which  place  he  had  dated  his  letter  to  Hamil- 
ton of  August  27th)  and  he  had  just  been  on  a 
visit  to  Col.  Howard. 


vi 


Brookkandwijou,  23r(l  Oct.,  1800. 
Dear  Charles  : 

I  got  here  last  night  more  than  two  hours  after  sunset. 
Mr.  Caton  accomi)anied  me  from  Belvedere.  We  were 
overtaken  with  a  thunderstorm  about  three  miles  from 
this  place,  and  heavy  rain.  We  took  slielter  and  re- 
mained upwards  of  an  hour  in  a  poor  cottage  where  we 
sat  during  the  height  of  the  storm  by  a  comfortable  fire. 


246  Charles  Carroll  oj  Carroll  ton. 


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The  good  inhabitant,  a  mother,  was  giving  supper  to  her 
three  children  ;  it  consisted  of  boiled  Irish  potatoes  and 
milk.  They  ate  their  supper  with  a  good  appetite,  and 
were  immediately  put  to  bed.  What  do  you  think  were 
my  thoughts  during  this  scene  ?  It  occurred  to  me  that 
in  the  course  of  a  few  years  I  might  be  driven  into  exile 
by  the  prevalence  of  an  execrable  faction,  and  forced  to 
shelter  in  as  poor  a  hovel  the  remnant  of  a  life,  a  con- 
siderable part  of  which  had  been  faithfully  devoted  to 
my  country's  service.  I  reflected,  however,  that  if  this 
turn  of  fortune  should  fall  to  my  lot,  that  very  little 
would  support  nature.  This  train  of  thought  brought 
forcibly  to  my  mind  the  v/ise  lesson  of  Ulysses  to  one  of 
the  suitors.  You  will  find  it  in  the  4th  volume  of  the 
Odyssey.  It  is  well  worth  your  perusal  and  observance  ; 
the  poetry  is  fine,  the  advice  worthy  the  wisdom  of  the 
much  enduring  and  experienced  man,  and  the  morality 
truly  sublime.  Such  reflections  are  necessary  and  should 
be  frequently  entertained  in  times  like  these,  by  men 
whose  present  prospects  are  bright  and  promising.  They 
serve  to  prepare  the  mind  for  adversities,  and  enable  Uo 
to  bear  the  frowns  and  snubs  of  Fortune  with  resignation 
and  fortitude.  A  mind  thus  lectured  and  tutored,  will 
derive  self-satisfaction  from  the  consciousness  that  it  will 
remain  firm  and  unbroken  in  the  midst  of  adverse 
storms.  Can  the  pitiful  pleasure  resulting  from  a  fine 
equipage  and  the  gratifications  of  wealth,  which  the 
greatest  villains  may  enjoy,  be  compared  with  this  firm 
and  steady  temper  of  the  mind,  and  its  advantages  ?  .  . 
Give  my  love  to  Harriet,  and  kind  remembrances  to 
her  sister  Maria  and  the  rest  of  the  family.  I  called 
Tuesday  on  Mrs.  Howard.  She  and  the  children  and 
Miss  Nancy  were  well.  They  will  remove  next  Friday 
from  the  country  to  Belvedere.     Enclosed  is  a  letter  for 


Letters  to  his  Son. 


247 


Maria  which  I  forgot  to  leave  with  Nancy  Lloyd  to  be 
put  into  the  post-office.  I  hope  Maria  will  excuse  this 
forgetfulness.  I  send  you  also  a  letter  from  your  ac- 
quaintance Geraw  which  I  opened  through  mistake, 
thinking  it  addressed  to  myself.  Mr  and  Mrs  Caton  desire 
to  be  kindly  remembered  to  you  and  Harriet  and  the 
dear  family. 

Be  frugal,  be  thoughtful,  be  methodical.  You  will 
have  great  occasion  for  the  full  exercise  of  all  these 
qualities.  Your  affectionate  father 

Ch.  Carroll  of  Carrollton.' 

Extracts  from  other  letters  of  Charles  Carroll  to 
his  son,  written  in  1801,  are  interesting  as  revealing 
his  fine  character,  his  piety,  and  his  prudence  and 
exactness  in  the  conduct  of  his  affairs.  And  his 
political  speculations,  curiously  incorrect  as  they 
proved  to  be,  exhibit  the  old  apprehensions  of  a  too 
feeble  "confederacy,"  with  the  resulting  effect  of  its 
early  dismemberment,  which  he  shared  with  most 
of  his  party. 

Annapolis  30tli  Jamimy,  iSoi. 

.  .  .  I  am  glad  to  hear  that  you  and  your  wife 
both  look  very  well,  tho'  you  complain  of  not  being  well, 
for  want  of  occupation  and  exercise.  Homewood  should 
occupy  you  and  the  weather,  excepting  a  few  days  past, 
has  been  well  suited  to  exercise. 

You  must  exercise  not  only  your  body,  but  mind,  both 
will  become  torpid  and  diseased,  if  exercise  and  study 
be  neglected  and  disused.  Accustom  yourself  to  think, 
and  when  you  read,  read   with  attention,  and  for  im- 

'  MS  :  Letter,  owned  by  Hon.  John  Lee  Carroll,  published  in  part 
in  Appldons  Jourttal^  Sept.  19th,  1874. 


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248  Charles  Carroll  of  Carrol llofi. 

provement,  not  to  kill  time,  which  always  hangs  heavily 
on  idlers.  Pursue  this  method  ;  after  you  have  been 
reading  till  your  attention  begins  to  flag,  reflect  on  what 
you  have  read,  examine  the  justness  of  the  author's 
thoughts,  and  compare  them  with  your  own  on  the  same 
subject ;  if  it  be  scientific  and  argumentative,  examine 
whether  the  inferences  are  logically  drawn  from  the 
premises  ;  if  merely  literary,  endeavour  to  treat  the  same 
topic,  and  try  whether  you  can  express  your  sentiments 
as  justly,  as  neatly  and  concisely  as  the  author.  The 
most  beautiful  thoughts  are  always  expressed  in  the 
plainest  language  which  ought  to  resemble  the  dress  of 
an  elegant  woman,  and  be  simplex  mundities.  The  most 
sublime  and  affecting  passages  in  Virgil,  and  even  in 
Shakespeare,  who  is  too  often  turgid,  are  clothed  in  such 
language.  It  is  this  charm  which  endears  the  poetry  of 
Pope  to  every  classic  reader  of  taste. 

In  improving  your  mind,  remember  your  God.  The 
fear  of  the  Lord,  says  the  wise  man,  is  the  beginning  of 
wisdom  ;  without  virtue  there  can  be  no  happiness  ;  and 
without  religion,  no  virtue  ;  consider  yourself  as  always 
in  the  presence  of  the  Almighty,  if  this  sentiment  be 
strong  and  vivid,  you  will  never  sin  or  commit  any 
action  you  would  be  ashamed  to  commit  before  man. 
VitcB  bene  anteald,  says  Tully,  jucundessema  est  recorda- 
tion j  and  Pope  sings:  'and  peace,  oh  virtue,  peace  is 
all  thy  own  '.     God  bless  you." 

^'' 8th  February.  .  .  I  wish  you  to  learn  the  value 
and  real  use  of  money  ;  perhaps  experience  may  teach 
you  this  useful  and  necessary  lesson  ;  but  reflection  is 
necessary  to  acquire  it,  and  energy  of  mind  and  personal 
activity  and  firmness  are  not  less  so  to  conduct  your 
affairs  to  advantage. 

The  story  you  have  related  of  Adams  is  conformable 


)  i 


Marriage  of  Catharine  Carroll,        249 

to  his  character.  I  have  given  him  up  since  tlie  receipt 
of  Mr.  Henry's  letters  ;  neither  Jefferson  or  Burr  can 
make  so  bad  a  president  as  Adams,  had  he  been  re- 
elected ;  it  is  fortunate  indeed  for  this  country  that  he 
was  not.  I  hope  Burr  will  be  chosen  by  the  House  of 
Representatives.  I  had  some  hopes,  before  I  read  Jef- 
erson's  letter  published  in  the  Federal  Gazette  of  last 
Friday,  that  he  would,  if  elected,  administer  the  govern- 
ment wisely,  and  thus  if  not  extinguishing  party  at  least 
moderate  its  excesses  ;  but  it  is  impossible,  if  the  senti- 
ments disclosed  in  that  letter  are  his  real  sentiments, 
that  he  can  act  with  wisdom.  The  man  who  entertains 
such  ideas  is  totally  unfit  to  govern  this  or  any  other 
country.  If  he  does  not  think  as  he  writes,  he  is  a 
hypocrite,  and  his  pitiful  cant  is  the  step  ladder  to  his 
ambition.  Burr,  I  suspect,  is  not  less  a  hypocrite  than 
Jefferson  ;  but  he  is  a  firm,  steady  man,  and  possessed, 
it  is  said,  of  great  energy  and  decision  ;  the  other  poor 
creature,  will  be  afraid  of  using  his  constitutional  powers 
in  defence  of  the  people,  lest  he  may  offend  these  ignor- 
ant and  suspicious  sovereigns.  Thus  will  the  powers  of 
the  general  government,  at  least  the  executive  part  of 
it,  be  benumbed  and  gradually  usurped  by  the  larger 
States  and  so  will  terminate  the  Union,  if  Jefferson 
should  continue  President  for  eight  years.  .  .  . 
^''  Annapolis^  12th  February :  My  affairs  at  present  are 
in  good  order,  my  accounts  clear  and  regular,  and  in  the 
condition  I  hope  to  leave  them  when  I  depart  hence."  ' 

On  the  first  of  May,  1801,  Catharine  Carroll  was 
married  at  Annapolis  to  Robert  Goodloe  Harper  of 
South  Carolina.  This  gentleman,  eminent  as  a 
lawyer   and    as  a  statesman,  was  born   in  Virginia 

'  Family  papers,  Hon.   John  Lee  Carroll. 


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250  Charles  Carroll  of  Car rollton. 


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in  1765.  As  a  boy  of  fifteen  he  had  fought  under 
Greene  in  the  Southern  campaign.  Sent  to  Con- 
gress from  South  Carolina  in  1794,  he  developed 
later  into  a  leader  of  the  Federalists,  and  was  con- 
sidered one  of  their  ablest  debaters.  He  made  his 
home  in  Maryland  after  his  marriage,  entering  the 
U.  S.  Senate  in  181 5.  Many  of  Charles  Carroll's 
letters  to  this  son-in-law  are  extant,  and  with  those 
to  his  son,  supply  a  record  of  the  patriot's  life  for 
a  long  period,  as  far  as  that  could  be  manifested  in 
an  intimate  and  affectionate  correspondence. 

Charles  Carroll  of  Carrollton  wrote  to  Charles 
Carroll,  Jr.,  from  "  Doughoregan,"  July  loth,  1801  : 
"  Do  not  neglect  to  attend  to  this  matter  [some 
business  concern].  He  who  postpones  till  to-morrow 
what  can  and  ought  to  be  done  to-day,  will  never 
thrive  in  this  world.  It  was  not  by  procrastination 
this  estate  was  acquired,  but  by  activity,  thought, 
perseverance,  and  economy,  and  by  the  same  means 
it  must  be  preserved  and  prevented  from  melting 
away."  Charles  Carroll  speaks  in  this  letter  of 
going  "  to  Carrollton  the  latter  part  of  September," 
his  usual  time  for  visiting  this  plantation.  The 
birth  of  a  grandson  and  namesake  on  the  25th 
of  July,  1801,  is  thus  alluded  to  in  a  note  of  con- 
gratulation dated  the  following  day :  '*  I  sincerely 
rejoice  with  you  on  the  recent  happy  event,  the 
birth  of  your  son.  May  this  child  when  grown  to 
manhood  be  a  comfort  to  his  parents  in  the  decline 
of  life,  and  support  the  reputation  of  his  family."  ' 

The  letters  to   Robert  Goodloe   Harper  are  full 

'  Family  papers,  Hon.  John  Lee  Carroll. 


J 


'If; 


Letters  to  Robert  G.  Harper.  251 


full 


of  allusions  to  public  affairs.  Writing  from  Annap- 
olis, March  lotli,  1802,  Charles  Carroll  says:  "I 
have  read  Giles'  speech.  It  is  the  most  specious 
which  I  have  seen  on  that  side  of  the  question,  and 
I  suspect  that  Jefferson,  Madison,  and  Giles  have 
clubbed  heads  to  produce  that  artful  piece  of 
sophistry,  for  in  reality  it  is  destitute  of  sound 
argument,  and  is  convincing  proof  to  my  mind  that 
these  men  are  acting  against  their  own  conceptions 
of  the  true  meaning  and  spirit  of  the  Federal  Con- 
stitution." ' 

Other  letters  of  1802  to  Harper  are  as  follows: 

"  Annapolis,  March  14th  :  I  have  just  heard  two  pieces 
of  intelligence  which  if  true  are  both  important.  That 
the  Spanish  government  has  purchased  from  the  French, 
Louisiana,  for  twenty  millions  of  dollars  and  that  our 
bank  stock  claim  has  ceased  to  be  an  object  of  diplomatic 
negotiation,  and  is  remanded  back  to  the  Court  of 
Chancery  for  a  legal  decision,  and  that  the  same  com- 
missioners are  to  proceed  in  the  liquidation  of  debts  due 
from  American  citizens  to  British  subjects.  If  this  last 
intelligence  be  true  it  looks  as  if  the  British  ministry 
were  bent  on  quarrelling  with  this  country,  or  that  it  is 
no  object  with  them  to  have  a  good  understanding,  and 
be  on  a  friendly  footing  with  us.  Dr.  Murray  who  has 
just  left  me,  says  that  Mr.  Whittington  brings  from  the 
seat  of  government  these  articles  of  news.  The  first  I 
hope  is  true  ;  the  second  I  am  not  sorry  for,  as  in  my 
judgment  so  plain  a  case  as  the  right  of  this  State  to  its 
stock  in  the  Bank  of  England  ought  never  to  have  been 
taken  out  of  the  Court  of  Chancery  and  submitted  to 
negotiation. 

'  I'amily  papers,  Mrs.  William  C.  Feniiington. 


^1 


''41 


H" 


J-'- 


m 


252  Charles  Carroll  of  Carrollton. 


1 1 


V, 


y\,  1, 


It' I 


I  can  scarcely  credit  all  the  news  ;  if  the  British  cabi- 
net insist  on  the  same  commissioners  going  on  and  ascer- 
taining what  debts  the  general  government  must  pay, 
Congress  must  give  up  the  idea  of  repealing  the  internal 
taxes,  for  McDonald  and  his  associates  will  award  to 
British  subjects  at  least  $20,  000,000  if  they  act  upon  the 
same  principles  which  guided  their  former  conduct." 

^^  Vfli.i^/iori'gan,  jfidy  4th:  I  had  formerly  stipulated 
with  my  slaves  claiming  freedom  as  descendants  from 
Joyce,  that  I  would  abide  by  the  issue  of  the  trial  of 
Charles  Mahoney.  The  council  for  the  petitioners 
informed  me  that  if  I  would  renew  that  stipulation  and 
extend  it  to  the  event  of  the  trial  to  be  had  next  October 
term,  they  would  not  file  petitions  for  freedom  against 
me,  .  .  .  The  question  on  which  the  Court  of  Ap- 
peals differed  from  the  General  Court  was  that  if  Joyce 
being  a  slave  was  carried  to  England  and  from  thence 
brought  to  this  country  her  issue  did  not  by  such  event 
become  free.  When  the  former  trials  were  had  in  the 
General  Court,  the  council  for  Ashton  urged  the  jury  to 
find  in  their  special  verdict  that,  Joyce  was  a  slave  in 
Barbadoes,  and  was  thence  carried  to  England  by  her 
master  and  sold  to  Lord  Baltimore,  but  the  jury  refused 
to  find  this  fact  ;  they  found  only  that  Joyce  came  from 
England  with  Lord  Baltimore.  And  if  on  the  trial  to 
be  had  in  October  the  jury  should  be  of  the  same  opin- 
ion, the  petitioners  for  freedom  will  succeed,  the  Court 
of  Appeals  having  on  the  last  point  affirmed  the  judgment 
of  the  General  Court.  The  only  material  fact  is,  where 
did  yoyce  come  froiii  to  this  country'^  If  from  England, 
Ashton  must  prove  she  was  carried  there  as  a  slave.  I 
think  the  weight  of  testimony  on  the  former  trials  was 
contrary  to  that  fact,  and  so  the  juries  found." 

"  December  loth  :  It  is  reported  here,  but   I  suspect 


I 


i   1 


Account  of  St.  Johns  College.  253 


without  foundation  that   llioinas  the  great  man,  begins 
to  be  tired  of  his  friend  I\u'/ic." 

"  December  /4th  :  Jefferson  and  his  chief  partisans  at 
the  seat  of  government  may  pretend  to  be  disgusted  with 
Paine,  but  that  they  are  really  so  I  do  not  believe.  They 
find  his  late  publications  injure  their  cause  with  some  of 
their  own  party,  and  therefore  they  may  wish  to  discard 
the  author,  but  his  political  principles  are  api)roved  by 
all  of  them,  and  his  abuse  of  Washington  by  several,  and 
I  fear  very  many  of  them  approve  of  his  blasphemous 
writings  against  the  Christian  religion."  ' 

Charles  Carroll  of  Carrollton  was  one  of  three 
gentlemen  who  were  deputed  by  the  Governors  and 
Visitors  of  St.  John's  College  in  March  1803,  "to 
publish  an  account  of  the  state  of  the  college,  and 
of  the  advantages  it  possesses  and  may  afford."  '  In 
continuing  the  excerpts  from  the  correspondence 
with  his  son-in-law,  we  find  Charles  Carroll  writing 
much  of  European  politics,  and  the  great  Napoleonic 
wars  then  absorbing  the  attention  of  the  civilized 
world,  and  indirectly  affecting  the  interests  of  the 
United  States. 

"1803,  25th  April:  Notwithstanding  the  dispatch  to 
Yrou  [D'  Yrujo]  I  am  still  of  the  opinion  that  Bonaparte 
directed  his  master  to  instruct  the  Intendant  at  New 
Orleans  to  shut  that  port  against  us,  to  feel  the  pulse  of 
the  western  peoi:)le  and  thus  to  a])preciate  the  iniblic 
sentiment  of  the  United  States,  and  to  act  accordingly 
as  the  temper  of  this  country  and  the  existing  state  of 
things  in  Europe  might  suggest  the  properest  mode  of 
proceeding  with  us.     Seeing  the  probability  of  war  be- 


JbU. 


'^  Riley's  History  of  Annapolis,  p.  2io. 


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254  Charles  Carroll  of  CairoUton. 

twcen  France  and  England,  Bonaparte,  I  suspect,  has 
ordered  the  King  to  countermand  his  former  instructions 
and  to  send  those  forwarded  to  Yruo  [!)'  YrujoJ  by  the 
hite  arrival.  If  war  should  take  place  between  England 
and  France,  I  hope  the  first  expedition  of  the  English 
will  be  against  Louisiana  and  tlie  two  Floridas,  and  if 
conquered  that  they  will  sell  to  the  United  States  both 
those  provinces." 

"  Doug/iofCi^nn  Sth  June  :  By  some  late  English  news- 
l)apers  and  a  letter  from  Mr.  William  Cook,  Senr.,  I 
jierceive  that  Malta  is  not  the  principal  cause  of  differ- 
ence between  England  and  France.  Bonaparte  is  using 
every  art  and  all  his  influence  to  exclude  the  British 
manufacturers  from  the  continent  of  Europe,  and  I  sus- 
pect has  prevailed  over  the  countries  over  which  he  has 
supreme  control,  to  pass  laws  against  the  introduction 
of  British  wares  and  merchandise.  This  surely  is  war 
in  reality  though  not  in  name,  and  the  ministry  of  Great 
Britain  seemed  determined  not  to  suffer  France  to  trade 
as  long  as  Bonaparte  pursues  such  hostile  measures 
against  the  commerce  of  England.  Yet  why  have  they 
permitted  several  vessels  with  troops  for  St.  Domingo  to 
sail  from  Dunkirk  and  other  ports  of  France  ?  If  Bona- 
parte lives  and  rules,  war  between  France  and  England 
is  inevitable  in  my  opinion.  As  soon  as  the  English  can 
get  a  sufificient  force  at  sea,  I  expect  they  will  block  up 
all  the  ports  of  France." 

^'-  Doughorcgan^  2jrd  "yunc  \  By  the  last  intelligence 
from  Belfast  the  probability  of  war  is  greatly  increased, 
but  that  event  was  not  decided  when  Capt.  Barber 
sailed.  It  appeared  that  Lord  Whitworth  was  expected 
in  London  in  a  few  days,  and  that  Andreossi  had  applied 
for  his  passports,  yet  I  cannot  help  thinking  that  Bona- 
parte will  concede  some  points,  and  try  to  renew  the 


A  Foreign  Policy  SkctcJicd. 


'55 


negotiation  to  sjnn  it  out  and  to  gain  time.  He  cannot 
be  prepared  for  a  naval  war  witli  England,  and  the 
invasion  of  that  island  in  the  face  of  so  great  a  superiority 
of  her  power  at  sea  would  be  a  most  rash  attempt,  which 
would  probably  terminate  in  a  signal  defeat,  and  the 
loss  or  capture  of  many  ships  and  50,000  men  ;  such  an 
event  might  shake  the  consul's  throne  and  restore  the 
monarchy  to  the  ancient  line  of  the  Dourbons.  Depend 
upon  it  the  present  administration  will  not  join  Great 
Ikitain  in  a  war  against  France.  Bonaparte  will  feed 
Monroe  with  fair  and  fine  promises,  and  those  will  be 
accepted  and  depended  on  ;  great  advantages  will  be 
promised  to  the  United  States,  perhaps  a  free  trade  to 
the  French  colonics  on  the  same  terms  with  the  trade  of 
France  to  those  colonies  for  a  limited  period  after  the 
termination  of  the  war  with  Great  Britain  ;  a  perpetual 
grant  of  deposit  to  New  Orleans,  the  free  navigation  of 
the  Mississippi. 

I  am  of  opinion  it  would  be  good  policy  to  unite  with 
Great  Britain  against  France  and  her  allies,  seize  upon 
all  the  country  to  the  east  of  the  Mississippi,  and  under 
cover  of  the  British  fleet  land  30,000  men  in  the  province 
of  Yucatan,  march  to  Mexico,  then  to  Peru,  and  to  de- 
clare the  Spanish  colonies  independent,  and  their  in- 
dependence to  be  guaranteed  by  Great  Britain  and  the 
United  States.  If  we  enter  into  the  war  I  am  not  for  doing 
things  by  halves.  If  Monroe  is  instructed  to  negotiate 
only  for  the  right  of  navigation  through  the  Mississippi, 
to  be  acknowledged  by  France  as  a  perpetual  right, 
secured  to  us  by  the  treaty  with  Spain,  and  binding  on 
France,  I  make  no  doubt  those  terms  will  be  readily 
acquiesced  in  by  Bonaparte,  and  it  is  not  probable  that 
ourpusilanimous  administration,  so  averse  to  war,  stand- 
ing armies  and  expense,  would  dare  to  ask  for  more  ; 


1!  ■■ 


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256         Cliarlcs  Can'oll  of  Carrolltou. 

if  so  could  our  government,  if  now  inclined,  recede  from 
these  terms  ?  Have  our  rulers  had  the  foresight  to 
instruct  Monroe  not  to  be  Um  i)reci[)itate  in  unfolding 
his  terms,  but  to  act  according  to  appearances  of  i)eace 
or  war  between  France  and  ICngland  ?  If  tliey  have 
neglected  to  instruct  him  so  to  act,  in  this  as  in  mos  of 
their  measures,  they  are  extremely  reprehensible.  When 
Monroe  left  this  country  negotiations  between  England 
and  France  were  going  on,  and  it  was  known  here  that 
no  good  understanding  subsisted  between  these  powers. 
Surely  our  Cabinet  have  enjoined  Monroe  to  avail  him- 
self of  the  event  of  the  differences  between  those  two 
nations  not  being  amicably  settled." 

^^  J)oui:;/ion\i:;an,  loth  jfiily  :  The  accjuisition  of  Lou- 
isiana is  a  fortunate  event  for  the  United  States,  if 
obtained  without  a  clause  or  article  which  may  involve 
us  in  a  war  with  Great  Britain.  I  do  not  like  that  part 
of  Mr.  Livingston's  memorial  relating  to  the  right  of 
search  claimed  by  the  British.  The  right  in  the  mem- 
orial is  considered  as  an  usurpation,  which  ought  to  be 
resisted  by  neutral  powers  when  in  condition  to  oppose 
to  it  an  effectual  opposition.  Do  you  know  the  bounds 
of  Louisiana  as  claimed  by  France  previously  to  its 
surrender  to  the  Spaniards  in  1763?  When  does  our 
treaty  with  Great  Britain  expire  ?  If  the  French  after 
the  cession  to  the  United  States  of  Louisiana,  should  be 
permitted  to  trade  to  New  Orleans  on  the  same  footing 
with  Americans,  paying  no  greater  duties,  would  not  the 
English  in  consequence  of  Jay's  Treaty  be  entitled  to 
the  same  privilege  ?  " 

"  Doi/g/ioregan,  November  loth.  :  What  think  you  of 
the  Louisiana  business  ?  Will  the  Spaniards  resist  if  we 
should  endeavour  to  take  forcible  possession  ?  If  there 
should  not  be  an  understanding  between  France  and 


The  Acquisition  of  Louisiajta.  257 


Spain  in  this  transaction  (but  I  suspect  they  act  in  con- 
cert) the  opposition  of  Spain  to  our  taking  possession  of 
the  ceded  country  may  draw  Spain  into  a  war  with  France  ; 
in  that  event  England  and  S))ain  will  become  allies,  and 
how  are  we  in  that  case  to  possess  ourselves  of  Lou- 
isiana ?  If  force  be  used  it  probably  will  not  succeed 
and  should  we  succeed  Spain  will  declare  war  against 
us  ;  England  cannot  as  the  ally  c^  opaui,  assist  us,  and 
the  superiority  of  the  Spanish  naval  force  will  annihilate 
our  commerce.  I  fear  the  acquisition  of  I^ouisiana  from 
France  by  purchase  will  involve  this  country  in  serious 
difficulties," 

**  March  I2th  :  I  cannot  agree  in  opinion  with  General 
Hamilton  that  should  Colonel  IJurr  be  elected  Governor 
of  New  York,  his  election  would  cement  the  union  [of] 
and  increase  the  Democratic  party.  Where  seeds  of  such 
deadly  hate  have  been  sown  no  true  reconciliation  can 
grow.  The  Jeffersonians  and  Burrites  are  at  open  hos- 
tility ;  those  parties  can  never  again  coalesce,  their  breach 
is  too  public  and  wide.  If  the  election  of  Burr  should 
destroy  the  influence  of  the  Jeffersonian  and  Clintonian 
factions  in  the  State  of  New  York,  it  is  probable  that 
from  Pennsylvania  eastward,  the  Jeffersonian  party  will 
decline  and  be  extinguished  in  the  course  of  two  or  three 
years.  I  have  hopes  such  an  event  would  have  a  happy 
effect  on  this  State  ;  on  the  contrary  should  Judge  Lewis 
be  elected  Governor,  the  Clintonian  or  Jeffersonian  fac- 
tion (I  consider  these  two  parties  acting  at  present  with 
the  same  views)  will  acquire  strength  and  consolidation." 

"  A/>n7  igth  :  By  the  National  Intelligencer  of  the  15th 
instant,  I  perceive  the  votes  between  Gilman  and  Lang- 
don  so  far  as  known  were  even,  and  that  it  was  certain 
that  Langdon  would  have  a  handsome  majority  when  all 
the  votes  were  collected,  and  that  the  Democrats,  falsely 

VOL.   11—17 


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258  Charles  Carroll  of  Carrollton. 

styled  in  that  paper  Republicans,  would  have  a  majority 
in  both  branches  of  the  New  Hampshire  legislature.  I 
hope  this  account  will  not  be  confirmed."  ' 

In  1805  took  place  the  famous  impeachment  trial 
of  Samuel  Chase.  He  was  then  nearly  sixty-four, 
and  is  described  by  Sullivan  as  "  a  man  of  herculean 
frame  and  vigorous  mind ;  a  learned  and  honest  man 
no  doubt,  but  not  of  courteous  manners  on  the 
bench." '  Like  Luther  Martin,  Chase  had  been 
metamorphosed  from  an  Antifederalist  into  a  *'  bull- 
dog of  Federalism,"  and  as  an  associate  judge  of  the 
Supreme  Court  he  had  made  himself  odious  to  the 
Democrats  in  the  government  prosecutions  during 
the  Adams  administration  under  the  famous  Sedition 
law.  Ilis  conduct  of  these  cases  subjected  him  to 
the  charges  of  partisanship  and  unfairness,  and  there 
were  other  counts  against  him  of  a  similar  character. 
Charles  Carroll  of  Carrollton,  however,  looking  upon 
the  trial  with  the  bias  of  the  Federalist,  gave  Chase 
his  sympathy,  and  regarded  the  impeachment  with 
the  greater  interest  as  his  son-in-law  was  selected  as 
one  of  the  counsel  for  the  defence.  Several  of  the 
following  letters  to  Robert  Goodloe  Harper  refer  to 
this  subject. 

"  Annapolis  I2th  J^anuary  iSo^  :  I  see  the  Senate  have 
given  Mr,  Chase  only  to  the  4th  of  next  month  to  put  in 
his  answer  ;  can  he  possibly  be  prepared  to  make  his  de- 
fence so  soon,  or  can  his  counsel  be  prepared  in  that 
time  to  do  justice  to  his  cause.      It  is  reported  here  that 

•  P'amily  papers,  Mrs.  William  C.  Pennington. 
"  Sullivan's  "  Familiar  Letters,"  p.  200. 


■^^^^- "HR..  -V 


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have 
put  in 
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hnpcachment  of  yndge  Chase.  259 

Colonel  Burr  is  very  intimate  at  the  President's.  Can 
this  be  true  after  the  abuse  he  has  met  with  ixoxw  the 
President's  partisans  in  the  public  prints  ?  " 

^''  February  24th  :  I  thank  you  for  *he  answer  of  Mr. 
Chase  to  the  articles  of  impeachment  which  you  sent  by 
Mr.  J.  T.  Chase  with  the  Athenian  Letters  which  are  re- 
ceived. The  answer  of  Judge  Chase  in  my  opinion  is 
a  very  able,  perspicuous,  firm  and  temperate  defence  of 
his  conduct,  and  a  most  satisfactory  refutation  of  the 
sundry  charges  contained  in  the  articles.  I  sincerely 
hope  the  same  judgment  will  be  formed  by  his  judges. 
From  your  letters  to  Kitty  of  the  21st  and  22d,  which 
she  received  by  Saturday's  mail,  we  entertain  great  hopes 
that  Mr.  Chase  will  be  honorably  acquitted  ;  this  event 
should  it  take  place,  may  affix  a  stigma  on  the  i)arty 
which  originated  the  prosecution  upon  such  slender 
grounds.  But  upon  the  decision  of  a  party  (two  thirds 
of  his  judges  being  of  it)  I  can  [)lace  no  dependence  ; 
instances  of  the  most  flagrant  injustice  in  trials  on  im- 
peachment occur  in  the  history  of  England.  Nothing 
can  exceed  the  ini'piity  of  the  judges  who  condemned  the 
Earl  of  Stafford,  implicated  in  the  ridiculous,  contempti- 
Me  plot  fabricated  by  Titus  Gates." 

"  February  28lh  :  This  day  has  determined  whether  a 
sense  of  justice  has  overcome  the  blindness  and  bitter- 
ness of  party  zeal  in  one  third  of  the  judges  of  Mr.  Chase. 
It  is  reported  here  that,  he  will  be  actpiitted  by  a  major- 
ity. I  cannot  bring  myself  to  be  of  this  opinion,  however 
desirous  I  am  of  its  being  realized.  When  I  reflect  on 
the  baseness  of  the  measuics  which  have  given  the  as- 
cendency to  the  ruling  faction,  their  abuse  of  power  ob- 
tained, and  violations  of  the  Constitution  to  perpetuate 
it,  I  despair  of  Mr.  Chase's  having  even  a  third  of  the 
Senators  in  his  favor.     P.  S.  March  ^rd :  I  rejoice  at  the 


11 


,    ,^,. 


V'. 

1 


'1  .      I 


I  ,J 


•       if 
S  I  !     I       »'       I 

*■  l|i  '!  ^ 


'  (!? 


^i: . 


V 

'     \ 

I 

; 

1 

■  f 

: 

m^ 


260         CJiarlcs  Caj^roll  of  Carrollton. 

acquittal  of  Mr.  Chase.  I  consider  it  a  triumph  over 
party  spirit  ;  but  do  not  the  votes  against  him  on  some 
of  the  charges  justify  in  a  great  degree  Ihe  severity  of  my 
censure  and  judgment  passed  in  this  letter,  on  the  fac- 
tion ?  The  charges  of  which  eighteen  votes  found  him 
guilty,  appear  to  me  as  little  liable  to  censure,  and  to 
warrant  his  condemnation,  as  the  one  of  which  thirty- 
four  acquitted  him," 

"  DougJwrc^an,  Juue  2Sih  :  Great  events  may  be  ex- 
pected from  the  large  armaments  in  the  West  Indies,  If 
the  English  Government  be  not  too  much  distracted  with 
party  squabbles,  it  has  now  an  opportunity  by  sending 
ten  or  twelve  more  ships  of  the  line  to  join  Bickerton's 
[here  the  seal  has  torn  the  paper]  block  up  the  French 
and  Spanish  fleet  in  MartinK^ue,  when  the  crews  will 
probably  in  the  course  of  a  few  months,  from  the  want  >.( 
provisions  and  the  diseases  of  the  climate,  lose  two-thir-j^, 
of  their  number  ;  and  in  the  same  proportion  and  from 
the  same  causes  their  land  force;  will  decrease  in  the 
same  time." 

"  ^///r  2d :  I  am  much  pleased  at  the  reversal  of  the 
al)surd  opinion  or  decision  of  the  General  Court  in  the 
case  of  the  Roman  Catholic  clergy.  The  bishop  [Bishop 
Carroll  was  then  on  a  visit  to  the  Manor]  informs  me 
you  have  also  succeeded  in  the  case  of  the  mandamus. 
Do  send  by  my  son's  servant,  Tom,  the  latest  ncwsjiapers. 
Do  you  not  think  the  British  naval  affairs  are  not  con- 
ducted with  the  same  sjjirit,  energy,  and  promptitude 
which  distinguished  its  operations  in  the  last  war  ? " 

^*  fitly  4th:  Before  the  British  ministry  can  equip  a 
fleet  sufficiently  strong  to  cope  with  the  combined  squad- 
rons in  the  West  Indies  and  detach  a  body  of  land 
forces  to  oppose  those  of  the  enemy,  it  is  probable  sev- 
eral of  the  English  islands  will  be  taken  or  ravaged  ; 


i 


i 


Proposed  Purchase  of  Florida.  26 1 

except  Barbadoes  and  Jamaica,  none  of  the  others  I 
apprehend,  can  make  much  resistance  ;  disunion  and 
sickness  of  the  crews  and  troops  of  France  and  Spain 
may  perhaps  save  the  islands." 

"  Annapolis,  24th  February,  1806  :  A  report  is  in  cir- 
culation here  that  our  government  is  in  treaty  with  Spain 
for  the  purchase  of  the  Floridas  for  which  seven  millions 
of  dollars  are  to  be  given,  and  all  Louisiana  on  the  west 
of  the  Mississippi  to  be  ceded  to  that  monarchy.  1  can- 
not credit  t.iis  report,  the  bargain  would  be  too  disadvan- 
tageous to  this  country,  and  the  Senate,  I  presume,  will 
not  sanction  such  a  treaty,  though  the  Executive  should 
be  willing  to  make  the  sacrifice  to  obtain  peace.  An 
exchange  of  that  part  of  Louisiana  lying  on  the  west  of 
the  Mississippi  for  the  Floridas  might  be  a  desirable 
exchange  if  Spain  were  to  pay  us  lifteen  millions  to  effect 
it.  I  suppose  West  Louisiana  is  at  least  five  times  as 
large  as  the  two  Floridas,  and  in  point  of  fertility  of  soil 
and  healthfulness  of  climate  there  can  be  no  comparison 
between  the  two  countries.  Is  not  the  disjjroportion 
between  them  in  these  respects  richly  worth  fifteen  mil- 
lions of  dollars  ?  I  would  wish  you  to  bring  with  you 
Mr.  Madison's  pamphlet  in  support  of  the  direct  inter- 
course in  time  of  war  of  our  city  merchants  l)etween  the 
colonies  of  France  and  Spain  and  the  mother  countries. 
Does  he  admit  the  legality  of  our  carrying  from  those 
colonies  their  produce  to  J''rance  and  Si)ain,  remaining 
the  property  of  the  colonists,  or  of  the  merchants  of 
those  countries  ?  If  he  does  not,  what  satisfactory  evi- 
dence can  be  given  that  the  produce  of  tlnjse  colonies 
has  become  />ona  fide  American  property  ?  Clearances 
from  those  ports  certifying  the  cargoes  to  be  purchased 
by  and  to  belong  to  citizens  of  the  United  States,  and 
the  oaths  of  the  masters  of  the  vessels  and  supercargoes 


i\Ai. 


i> 


■■:'i"'i* 


262  Charles  Carroll  of  Car rollto7i. 

to  the  same  effect  will  not  be  admitted,  I  presume,  in 
British  tribunals,  as  sufficient  evidence  of  a  knin  fide 
transfer  of  the  property  shijjped  on  board  of  sue-', 
vessels. 

"  If  the  account  in  the  Courier  of  the  19th  December, 
of  the  battles  of  the  2nd,  3rd,  4th,  and  5th,  of  that  month 
should  be  true,  and  that  the  Archduke  Charles  had  given 
Massena  the  slip  and  joined  the  Archduke  John,  and  the 
Hungarian  levy,  and  if  the  King  of  Prussia  should  act 
with  vigor  and  decision  against  the  French,  the  Emperor 
Napoleon  may  find  it  much  more  difficult  to  regain  the 
frontiers  of  France  than  to  have  penetrated  with  little 
loss  into  the  heart  of  the  Austrian  dominions.  Time 
alone  will  clear  up  these  uncertainties.  Napoleon  must 
have  been  confident  of  a  final  success  in  the  war  when 
he  rejected  the  proffered  mediation  of  Prussia  for  peace, 
but  the  bloody  battles  between  him  and  Alexander  had 
not  then  taken  place  ;  adversity  may  teach  him  modera- 
tion, and  he  may  be  induced  by  a  reverse  of  fortune  to 
accept  jf  terms  less  favourable  than  those  which  were 
offered  him  by  Prussia.  The  insurrections  Napoleon  is 
said  to  have  endeavoured  to  excite  in  Poland  to  enable 
the  Poles  to  regain  their  inde])endence  m'lst  rouse  the 
jealousy  of  Russia,  Prussia,  and  Austria,  and  'hose  mon- 
archs  tvill  no  doubt  strive  to  restrani  all  future  attempts 
of  the  kind  by  curtailing  the  power  of  the  French 
Emperor." 

"  March  4ih  :  I  have  seen  the  account  of  the  decisive 
victory  gained  on  the  2nd  December  over  the  combined 
Austro-Russian  army  by  Napoleon,  and  that  the  two 
Emperors  have  been  compelled  to  make  peace,  or  at 
least  to  submit  to  an  armistice  which  must  be  followed 
by  a  peace  which  will  leave  to  Bonaparte  a  great  and 
preponderating  influence  on  the  Continent  of  Europe. 


\\>i 


^' 


Napoleons  Great  Victories, 


263 


Will  England  have  the  spiric  to  continue  the  war?  Will 
not  the  faction  opposed  to  IST-.  !"'itt  force  the  British 
government  to  make  peace  ?  A  ,^eare,  should  it  be  made 
under  present  circumstances,  that  will  probaljly  terminate 
in  the  subversion  of  her  constitution  and  power.  I  hope 
England  will  continue  a  naval  war ;  we,  in  my  poor  judg- 
ment should  make  an  alliance  offensive  and  defensive 
with  her,  and  raise  an  army  of  twenty-five  thousand  men, 
and  under  the  British  flag  transport  them  to  Mexico, 
and  with  the  co-operation  of  an  English  army  and  navy 
render  Mexico  and  Peru  independent.  This  measure 
would  cut  off  the  resources  of  France  in  a  great  degree, 
and  open  an  extensive  and  lucrative  trade  to  England 
and  this  country.  Although  our  government  has  com- 
mitted itself  by  the  Miranda  business,  I  suspect  it  will 
court  the  friendship  of  France  by  declaring  war  against 
England  in  order  to  do  away  [with]  any  unfavorable 
impression  its  knowledge  of  that  expedition  and  its  con- 
nivance at  it  may  make  on  the  mind  of  Napoleon.  From 
the  paper  I  have  read,  I  have  no  doubt  of  the  truth  of 
the  account  from  Bordeaux,  at  least  in  substance  ;  mat- 
ters may  be  exaggerated,  but  that  Russia  will  be  obliged 
to  withdraw  from  the  coalition,  abandon  Great  Britain, 
and  perhaps  form  another  armed  neutrality,  there  is 
every  reason  to  fear.  Austria  must  implicitly  submit  to 
the  dictates  of  Napoleon,  Nothing  is  said  of  Prussia. 
Has  not  the  King  of  Prussia  done  enough  to  draw  on 
Inmself  the  resentment  of  Napoleon  ?  The  papers  of 
this  evening  will  probably  contain  further  details. 

"/*.  S.  I  have  read  Thursday's  gazette.  If  Napoleon 
should  offer  moderate  terms  of  peace  to  Great  Britain  I 
fear  the  opposition  will  force  the  ministry  to  accept  them, 
and  in  ten  years  if  the  Emperor  of  the  French  should 
live  so  long,  he  may  have  a  navy  able  to  cope  with  that 


i  i 


•  i 


.  M 


•)  '  A 


M. 


^:\\ 


u 


'( 


'i  i 


264  Charles  Carroll  of  Carrollton. 

of  England.  It  is  true  Europe  must  feel  its  degraded 
state,  and  its  sovereigns  if  possessed  of  energy  and  wis- 
dom, and  a  sense  of  honor,  will  endeavour  to  emancipate 
themselves  from  the  thraldom  of  France.  If  England 
continues  the  war  opportunities  may  be  presented  of 
reducing  the  power  of  France,  and  these  will  assuredly 
be  embraced  by  the  powers  of  the  continent.  If  the 
French  present  a  true  state  of  facts  the  Russians  have 
acted  with  great  stupidity." 

"  April  gth  :  Do  you  believe  the  letter  from  Germany 
giving  an  account  of  the  disgrace  and  punishment  of  sev- 
eral Austrian  officers  of  high  rank  to  be  authentic  ?  If 
true  no  wonder  the  Austrians  were  so  shamefully  de- 
feated. Russia  and  England  are  the  only  powers  now 
able  to  cope  with  Napoleon,  and  I  fear  if  Fox's  politics 
prevail  in  the  cabinet  of  London,  that,  England  in  a  few 
years  will  share  the  same  fate  as  Germany,  Italy,  Spain, 
Sv/itzerland,  and  Holland."  ' 

Charles  Carroll  of  Carrollton  sat  for  his  portrait 
to  Field,  the  artist,  in  the  summer  of  1803,  and  it  is 
interesting  to  know  from  his  letters  to  his  son  what 
he  and  his  family  thought  of  the  likeness.  He 
wrote  to  Charles  Carroll,  Jr.,  from  the  Manor,  August 
9th :  *'  Mr.  Field  has  begun  this  day  my  picture. 
It  is  thought  the  resemblance  will  be  .strong.  I 
shall  offer  him  $40,  which  if  I  am  not  mistaken  you 
told  me  was  his  price  for  such  a  portrait  of  the  size 
of  the  one  he  drew  for  McDowell."  And  again  on 
the  29th,  Charles  Carroll  writes  :  "  Your  sister  Caton 
thinks,  as  you  do,  that  Mr.  Field  has  not  given  suf- 
ficient animation  to  my  portrait.     I  think,  however, 

'  Family  papers,  Mrs.  William  C.  rcmiington. 


y    \ 


Field's  ^Portrait  of  Cm  roll. 


265 


it  is  well  executed,  and  all  who  have  seen  it  say  the 
resemblance  is  striking,  but  in  my  opinion  it  con- 
veys the  idea  of  a  much  larger  man  than  I  am." ' 
This  portrait,  engraved  by  Longacre,  is  found  pre- 
fixed to  the  Carroll  memoir  in  Sanderson's  "  Biog- 
raphy of  the  Signers." 

Trouble  had  visited  the  "  Homewood  "  family  in 
1805  and  in  1806,  in  the  latter  year  through  the 
death  of  an  infant,  and  words  of  wise  Cliristain 
philosophy,  and  parental  sympathy  are  written  to 
Charles  Carroll,  Jr.,  by  his  father  on  those  occasions  : 

^^  Doughoregan,  jist  October^  iSo^ :  We  should  not  set 
our  hearts  too  much  on  anything  in  this  world,  since 
everything  in  it  is  so  i)recarious,  as  health,  riches,  power 
and  talents  &c,  of  which  disease,  revolution  and  death  can 
deprive  us  in  a  short  time.  Virtue  alone  is  subject  to 
no  vicissiti'des.  In  the  hour  of  death,  'vhcn  the  empti- 
ness of  all  wordly  attachments  is  felt,  it  alone  will  con- 
sole us,  and  while  we  live  sotten  the  calamities  of  life, 
and  teach  us  to  bear  them  with  resignation  and  forti- 
tude." 

"  August  I2t/iy  1S06  :  Immediately  on  the  receipt  of 
your  letter  I  gave  orders  to  Harry  to  take  up  some  of 
the  pavement  of  the  Chapel  to  have  the  grave  dug  for 
the  earthly  remains  of  your  poor  little  infant.  To  soften 
the  loss  of  this  dear  and  engaging  child,  the  certainty  of 
his  now  enjoying  a  glorious  immortality  will  greatly 
contribute." " 


i  y 


n 


The  homely  things  of  home,  its  cjuiet  pleasures, 
as  well   as  its  sacred   sorrows,  havj  their  place   in 

'  Family  papers,  Hon.  John  Lee  Carroll.  '  Ibid. 


i» 


;: 


•  1 


iV    ! 


l\ 


>  » 


266         Charles  Carroll  of  Carrollton. 

Charles  Carroll's  correspondence  with  his  children, 
interspersed  with  his  opinions  on  foreign  wars  and 
domestic  politics.  He  writes  to  Mr.  Harper  in 
1804,  about  a  servant,  James,  that  he  thinks  of  buy- 
ing from  Mr.  Ogle  for  "  Kitty,"  but  he  is  careful  to 
tell  the  man's  owner  that  he  will  neither  hire  him 
nor  buy  him  unless  he  is  willing  to  come.  He  is  to 
be  bought  for  a  term  of  five  or  seven  years,  and 
"$500  is  a  great  price  for  a  seven  years'  servant." 

The  modes  of  travelling  in  the  early  years  of  the 
century,  attract  our  notice.  The  Catons  propose  to 
go  from  Annapolis  to  Baltimore  in  January,  1805, 
in  a  "  sled,"  the  weather  and  the  roads  permitting, 
and  Mrs.  Harper  is  to  send  her  little  boy  with  them, 
wrapped  up  in  blankets,  as  "  he  will  be  less  exposed 
to  the  cold  in  this  way  than  if  he  went  in  the  stage." 
In  the  following  July,  Mr.  Harper,  who  took  the 
stage  in  winter,  is  driven  by  *'  Luke  and  Bill "  in  his 
"  coachee "  from  Baltimore  to  Washington.  The 
Harpers  have  also  their  country  home,  "  Oakland," 
which  they  occupy  when  not  in  Annapolis  or  Balti- 
more. 

There  are  visitors  to  "  Doughoregan,"  coming 
and  going:  *'  I  send  my  servant  with  a  led  mare  to 
bring  Miss  Nancy  R.obinson  to  the  Manor,"  writes 
Charles  Carroll  to  his  son  in  July,  1806.  "Mrs. 
Rogers,"  he  writes  in  the  following  month,  "who 
returns  to  town  after  breakfast,  has  been  so  polite 
as  to  take  charge  of  the  pears  and  grapes  which  I 
informed  you  in  my  letter  I  should  send."  The 
Catons  and  Mrs.  Harper  were  at  the  famous  Ballston 
Springs  at  this  time,  where  "  Kittie  "  had  recovered 


ft* 


J-ii! 


>> 


I 

» 


Jja/l  Given  at  "  Haniptony 


267 


her  health,  lier  father  says,  "  is  in  good  spirits  and 
danced  a  country  dance."  In  July,  1807,  Charles 
Carroll  who  had  just  been  staying  at  "  lirookland- 
wood,"  and  was  then  visiting  his  son,  wrote  to 
"Kittie's"  husband  of  the  great  ball  that  was  to 
come  off  that  evening,  the  2d,  at  "  Hampton,"  and 
he  adds :  "Mrs.  Patterson,  Betsy  and  Louisa  are 
invited  [these  were  Mrs.  Caton's  daughters]  and  will 
make  a  part  of  the  three  hundred  persons  who  have 
received  invitations." 

In  the  following  extracts  from  Charles  Carroll's 
letters  to  his  son,  who  was  part  of  this  time  visiting 
in  Philadelphia,  the  retired  statesman  is  seen  to 
make  many  shrewd  guesses,  and  keen  observations, 
as  to  the  great  game  of  war  and  politics  going  on 
in  Europe.  And  it  is  amusing  to  read  of  his  intol- 
erance of  "  Democratic  principles."  The  aristo- 
cratic spirit  of  the  Southern  planter  allied  itself  with 
Federalism  in  Carroll's  case  as  in  Washington's — 
**  Republican?  "  as  they  were. 

"/^od,  September  3rd :  Fox,  I  find  has  made  peace 
with  France  ;  the  conditions  are  not  yet  known,  but  I 
have  no  doubt  of  their  being  dishonorable,  unsafe  and 
highly  disadvantageous  to  England.  I  had  begun  to 
entertain  a  more  favorable  opinion  of  this  man,  when 
the  papers  announced  his  determination  to  prosecute  the 
war  till  an  honorable  and  safe  peace  could  be  obtained. 
It  is  however,  I  find,  impossible  for  a  man  tainted  with 
democratic  principles,  to  possess  an  elevated  soul  and 
dignified  character  ;  in  all  tlieir  actions  and  in  all  their 
schemes  and  thoughts,  there  is  nothing  but  what  is  mean 
and  selfish.     God  bless  you." 


In 


i\\ 


n . " 


!ii  ;) 


•,(ii 


n 


()  I 


.iliji' 


268         Charles  Carroll  of  Carrollton. 

**  DoU}:;/ior('}^an,  yth  October  :  If  Russia  has  concluded  a 
separate  peace  with  France  without  the  knowledge  of  the 
IJritish  Cabinet  the  inference  that  the  New  Prussian  min- 
istry is  favorable  to  the  views  of  Napoleon  may  be  fairly 
drawn,  and  I  think  it  very  probable  that  France  and 
Russia  will  divide  between  them  the  Turkish  dominions 
in  Europe,  and  I  think  it  also  very  probable  that  Napo- 
leon on  the  death  of  the  present  King  of  Spain  will  fix 
one  of  his  brothers  on  that  throne,  and  annex  immedi- 
ately Portugal  to  the  Spanish  crown.  In  that  case  no 
doubt  the  royal  family  of  Portugal  will  fix  the  scat  of 
their  government  in  the  Brazils,  and  will  be  followed  by 
most  of  the  grandees  and  men  of  property.  These 
measures  will  force  Oreat  Britain  to  continue  the  war, 
and  to  attempt  to  render  the  Spanish  colonies  on  the 
continent  independent  of  Spain,  and  to  take  possession 
for  herself  of  all  the  French  and  Si)anish  West  India 
Islands — the  Philipine  Islands  will  fall  of  course. 

If  our  country  is  directed  by  wise  and  vigorous  coun- 
cils we  should  make  a  common  cause  with  Great  Britain 
in  this  attempt.  It  is  our  interest  to,  and  in  my  opinion 
our  existence  as  an  independent  nation  depends  on  les- 
senin^  the  power  of  France,  which  nothing  will  do  so 
effectually  as  by  cutting  her  off  from  those  commercial 
resources  which  she  will  draw  from  the  Spanish  colonies, 
if  not  rendered  independent. 

England  must  rule  the  Ocean,  and  to  secure  to  her- 
self its  permanent  dominion  she  must  cut  uj)  root  and 
branch  the  trade  of  France.  During  the  war  the  superi- 
ority of  her  marine  will  effectively  do  this  ;  but  she 
must  also  deprive  France  of  having  an  extensive  com- 
merce in  peace.  Excluding  her  from  all  intercourse 
with  the  East  and  West  Indies  for  a  limited  time  after 
peace  is  made,  will    tend   greatly  to   circumscribe  her 


her- 
t  and 
iperi- 
t  she 
com- 
ourse 

after 
her 


Civilities  to  FrcncJi  Officers. 


269 


commerce  ;  hut  how  is  this  to  he  effected  ?  hy  stipidat- 
ing  with  the  Spanish  provinces  of  ATexico." 

**  Annapolis,  20th  October  :  The  two  French  men-of- 
war,  the  Patriot  and  the  E6lc  are  still  here,  and  will 
prohably  remain  the  whole  winter  ;  without  considerable 
repairs  they  cannot  return  to  France,  even  in  peace,  and 
how  they  will  be  repaired  without  money  or  credit  they 
are  at  a  loss  to  tell.  Perhaps  their  minister  Turreau  may 
apply  to  our  government  for  money  ;  in  case  of  peace 
between  England  and  France  a  request  even  to  borroiv 
money  may  amount  to  a  demand  on  our  Executive. 

The  Etat  Major  of  the  Edlc  gave  a  very  handsome 
entertainment  on  board  the  ship  to  a  large  company  of 
citizens  (ladies  and  gentlemen).  I  had  an  invitation, 
but  did  not  acce])t  it,  having  been  busily  engaged  the 
whole  of  last  week.  I  have  not  yet  seen  any  of  the  offi- 
cers, not  having  leisure  to  entertain  them  before  my  re- 
turn from  the  Manor.  I  shall  not  probably  return  to 
Annapolis  before  the  middle  of  next  month.  I  then 
mean  to  visit  the  two  captains  of  the  Patriot  and  i Judc 
and  have  them  and  some  of  their  officers  to  dine  with  me. 
God  bless  you  and  grant  you  happiness  here  and  here- 
after." 

*'  Annapolis.,  21st  November :  The  French  officers  be- 
longing to  the  Patriot  and  the  Eote  off  this  city  have 
rendered  themselves  very  agreeable  to  the  citizens,  and 
to  do  the  sailors  justice  they  are  quiet,  orderly,  and  civil. 
I  waited  yesterday  on  Krom,  the  captain  of  the  Patriot, 
and  on  Picot  de  la  Croix,  the  captain  of  the  Eoiiis  ;  the 
former  was  out  of  town,  the  latter  I  saw.  I  intend  to 
have  them  dine  with  me  on  Thursday  next,  with  some 
of  their  officers. 

If  the  English  ministry  have  wisdom  and  firmness, 
they  have  it  in  their  power  to  render  Spanish  America 


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2  70         Charles  Carroll  of  Carrollton. 

independent.  During  the  war  they  must  keep  posses- 
sion of  the  seaports  of  Mexico  and  Peru,  and  in  the 
other  provinces ;  probably  it  will  be  their  interest  to 
keep  the  province  of  la  Plata  as  a  colony,  and  stipulate 
for  its  cession  by  the  treaty  of  peace,  as  also  for  the  in- 
dependence of  all  the  Spanish  colonies  on  the  continent. 
They  ought  to  raise  an  army  in  those  colonies,  and  with 
a  part  of  it  in  conjunction  with  their  own  troops,  con- 
quer the  Island  and  retain  it  as  a  colony  by  the  peace. 
If  all  this  be  done  England  will  form  a  counterpoise  to 
the  power  of  Napoleon.  As  to  a  renewal  of  the  war  on 
the  continent  I  have  great  doubts  ;  but  very  little,  should 
it  take  place,  that  the  coalesced  powers  will  be  defeated 
by  the  French." 

"  December  13th  :  The  poor  Prussians,  I  find,  have 
been  dreadfully  mauled  by  Napoleon.  I  fear  Prussia 
will  be  compelled  to  make  an  ignominious  peace.  The 
combined  powers  manage  their  affairs  badly.  However, 
the  decided  superiority  of  the  British  at  sea  will  bear 
them  out  triumphantly,  and  the  conquest  of  Spanish 
America  (continent  and  islands)  will  enable  them  to  con- 
tinue the  war  during  the  life  of  Napoleon," 

"  Annapolis,  4th  February,  i8oy  :  I  have  requested  Mr. 
Caton  to  write  to  some  trusty  person  at  Tioga  to  act  as 
my  agent  for  making  the  compromise  with  the  Connecti- 
cut intruders  on  my  lands  pursuant  to  the  terms  adopted 
by  the  other  Pennsylvania  proprietors  of  land  similarly 
circumstanced.  • 

Prussia  is  completely  vanquished.  I  wish  Alexander 
may  be  firm,  and  have  able  and  good  generals  and  faith- 
ful ministers.  The  plan  of  Napoleon  to  restore  the 
Kingdom  of  Poland,  and  to  place  on  its  throne  his 
brother-in-law  Murat,  must  unite  Prussia  and  Austria  in 
resisting  with  all  their  power  this  attempt.     If  they  have 


Carr oil's  Sympathy  7vith  Germany.     271 


good  generals,  if  Alexander  will  lead  his  armies  to  battle 
under  experienced  officers,  and  if  the  Archduke  Charles 
has  the  command  of  the  Austrian  forces,  and  the  sole 
direction  of  the  war,  the  contest  will  be  long  and  bloody 
between  those  two  powers  and  France.  The  victory  will 
ultimately,  I  hope,  rest  on  the  standards  of  Prussia  and 
Austria,  and  the  French  be  driven  out  of  Poland  and 
Germany.  Should  such  be  the  final  issue  of  the  war,  it 
would  be  for  the  interest  of  Europe  to  have  all  Germany 
consolidated  into  one  Empire  under  the  house  of 
Austria." ' 

'  Family  papers,  Hon.  John  Lee  Carroll. 


'1   \l.' 


4 


,jii 


ni 


:( 


h     ,  I 


!       I  i 


I 


CHAPTER  VIII. 

THE  SECOND   WAR  WITH   ENGLAND. 
1807-1819. 

THE  absorbing  theme  of  public  interest  in  the 
early  part  of  1807,  was  the  conspiracy  of  Aaron 
Burr,  and  it  forms  the  principal  topic  in  the  cor- 
respondence of  Charles  Carroll  of  Carrollton  with 
his  son  at  this  time.  In  a  letter  written  from 
"  Brooklandwood,"  November  11,  1806,  he  thinks 
the  reports  concerning  Burr  greatly  exaggerated  : 
"  if  true  he  must  be  in  the  pay  of  some  foreign 
power."  And  he  adds;  "  If  the  war  between  Eng- 
land and  France  should  continue,  I  should  not  be 
surprised  if  Burr  should  collect  1500  adventurers, 
seize  on  Pensacola,  from  which  a  few  British  ships 
might  transport  him  and  his  band  to  join  Miranda  ; 
in  that  event  it  is  probable  the  British  would  gar- 
rison and  hold  Pensacola,  and  thus  put  an  end  to 
our  intended  purchase  of  the  two  Floridas,  and  de- 
prive Bonaparte  of  seven  millions  of  dollars,  unless 
the  bargain  be  made,  which  I  fear  it  is,  if  the  nego- 
tiations for  peace  are  at  an  end."  Francisco  Miraflda 
was  a  Venezuelan  patriot  who  had  undertaken  to 

272 


^. 


T/ie  Miranda  Expcditioi, 


273 


;  in  the 
f  Aaron 
the  cor- 
on  with 
Ml   from 
thinks 
re  rated : 
foreign 
en  Eng- 
not  be 
nturers, 
ih  ships 
iranda  ; 
Id  gar- 
end  to 
and  de- 
,  unless 
nego- 
[irafida 
iken  to 


bring  about  a  Revolution  in  Spanish  South  America, 
fitting  out  an  expedition  in  the  United  States  for 
this  purpose  in  1806. 

''''Annapolis^  4th  y^iviNary,  iSoy  : 

The  proceedings  of  Burr  soem  to  engross  the  attention 
of  the  public  ;  various  schemes  arc  iniputed  to  him, 
resting  at  present  entirely  on  conjecture.  1  am  inclined 
to  suspect  that  he  contemplates  a  separation  of  the 
western  country,  and  to  possess  himself  of  New  Orleans, 
and  if  the  government  of  the  United  States  should  act 
with  vigor  and  collect  a  force  adequate  to  the  suppression 
of  the  revolt,  or  should  a  considerable  portion  of  the 
western  people  be  disinclined  to  a  separation,  that  he 
will  call  in  the  assistance  of  some  foreign  power.  Span- 
ish forces  are  nearest  at  hand,  and  Spain  will  be  backed 
by  France,  but  neither  Spain  nor  France  can  co-operate 
by  sea  during  the  war  with  Great  Britain,  and  to  me  a 
naval  force  seems  necessary  to  insure  his  success  by  in- 
ducing the  whole  of  the  population  westward  of  the 
mountains  to  establish  an  mdependent  government. 
Will  Great  Britain  connive  at  this  interference  of  Spain 
and  France  ?  That  in  my  opinion  will  depend  on  the 
conduct  of  our  government,  which  by  causing  the  non- 
importation act  to  be  suspended  only,  and  not  absolutely 
repealed,  instead  of  conciliation  holds  out  a  menace. 
Great  Britain  is  not  to  be  menaced  into  a  compliance 
with  such  even  of  our  claims  upon  her  as  are  reasonable 
and  just.  She  may  not  be  displeased  with  the  aid  af- 
forded by  Spain  and  France  to  the  views  of  Burr,  as 
such  an  interference  of  those  powers  may  lead  to  an 
alliance  offensive  and  defensive  between  the  Atlantic 
United  States  and  Great  Britain,  which  in  my  judgment, 
it  is  the  interest  of  both  to  form,  to  set  bounds  to  the 

VOL.Il  — 18 


fi 

^ 


vr. 

f 


I  1 


i 


» 


m 

It  (. 


y 


\ 


2  74  Charles  Carroll  of  Carrolltoii. 

ambition  and   power  of    Napoleon.      Such    is  my  view 
of  this  subject. 

If  the  Spaniards  have  retaken  Buenos  Ayres,  the 
reinforcements  sent  from  England  in  Octol)er,  will  not  I 
suspect  be  able  to  make  a  second  conciue.st  of  the  coun- 
try. The  Spanish  captain  de  Liniers  appears  to  combine 
judgment,  courage  and  activity.  He  will  raise  consider- 
able forces,  especially  of  horse,  and  will  have  time  to 
discipline  them  tolerably  v.ell  by  the  arrival  of  the 
English  reinforcements,  who  not  expecting  such  an  event 
will  come  unprepared  to  carry  on  such  military  opera- 
tions for  the  conquest  of  the  country  which  the  nature 
and  situation  of  it  seem  to  require.  A  large  body  of 
horse  will  be  necessary  to  protect  the  infantry  in  an 
open  and  flat  country,  they  will  want  also  many  gun 
boats,  and  armed  vessels  drawing  but  little  water  to 
ascend  the  Plata.  The  campaign  will  probably  be  opened 
by  the  seige  of  Montevido,  which,  if  taken,  will  not  give 
them  possession  of  the  country  unless  they  can  possess 
themselves  of  the  capitol.  How  are  they  to  ascend  the 
river  from  Montevido  to  Buenos  Ayres  without  an  armed 
flotilla  to  oppose  the  Spanish  flotilla  which  carried  the 
troops  from  Montevido  ?  Perhaps  it  will  be  necessary 
to  transport  from  England  the  frames  of  gunboats  and 
of  other  vessels  calculated  to  pass  over  shallows,  and  to 
put  them  together  on  their  arrival  at  Montevido.  All 
this  will  require  many  months  to  complete,  and  when  all 
the  necessary  apparatus  of  offensive  war  is  ready  10,000 
good  troops  will  be  necessary  to  insure  success." 

*'  January  16th  :  I  have  seen  a  New  York  paper  of 
the  12th  inst.  which  seems  to  confirm  my  conjectures 
respecting  Col.  Burr  mentioned  in  my  former  letter.  I 
am  of  opinion  he  acts  in  concert  with  the  Spaniards,  and 
that  the  expedition  to  Mexico  is  held  out  to  entice  ad- 
venturers to  his  standard  with  the^hopes  of  plunder  ;  to 


^. 


Conspiracy  of  Aaron  Burr. 


275 


invade  Mexico  New  Orleans  must  l)e  taken  ;  the  attack 
and  capture  of  that  city  will  render  his  adherents  j^nilty 
of  high  treason  against  the  United  States  ;  having  in- 
curred this  guilt  they  must  acJhere  to  their  leader  or 
leaders,  and  to  secure  themselves  against  the  [)enalty  of 
the  law,  they  must  erect  anil  establish  a  separate  and  in- 
de|)cndent  government,  in  doing  which  I  have  no  doubt 
the  Spaniards  covertly  or  openly  will  assist  them.  The 
former  nianeuvres  of  Spain  and  the  money  lately  fur- 
nished to  Col.  Burr  justify  this  opinion. 

"  Burr  conceives  that  (Ireat  Britain  will  not  interfere 
with  his  schemes  or  lend  its  aid  to  counteract  them  unless 
a  treaty  of  alliance  offensive  and  defensive  should  be 
formed  between  that  Power  and  these  United  States, 
which  he  is  probably  persuaded  the  jjrejudices  of  the 
ruling  faction  in  this  country  will  prohibit.  In  this 
opinion  should  he  entertain  it,  he  will  probably  be  mis- 
taken ;  the  Democrats  are  a  servile  and  timid  crew,  and 
to  keep  themselves  in  place  they  would  make  a  treaty 
with  the  devil  himself,  and  would  break  it  as  soon  as 
their  interests  might  seem  to  render  its  breach  subservient 
to  their  other  schemes — the  principal  difficulty  will  arise 
on  the  part  of  Great  Britain  ;  that  government  will  not 
trust  ours,  if  it  be  as  well  known  on  the  other  side  of  the 
water  as  on  this." 

"  Annapolis^  2jrd  January  :  The  day  before  yesterday 
two  persons  arrested  in  Charleston  as  accomplices  in 
Col.  Burr's  treason  were  brought  to  the  city  in  the  custody 
of  two  continental  officers,  and  yesterday  they  went  off 
from  hence  to  Washington.  The  name  of  one  of  those 
persons  is  Swatout,  and  I  think  that  of  the  other  is  V>o\\- 
man.  It  is  reported  that  Edward  Livingston  has  been 
arrested  at  New  Orleans,  by  General  Wilkinson,  and 
sent  by  water  as  a  prisoner  to  Washington. 

It  is  given  out  to  be  Burr's  plan  to  take  possession  of 


I  ;• ; 


li      T 


■ 


If 


276  Charles  Laryoll  of  Carrolllon. 


New  Orleans,  and  liy  holding  it  to  compel  the  western 
])eo|)le  to  come  into  his  views,  and  to  establish  a  separate 
Slate  westward  of  the  mountains.  If  such  should  be 
liurr's  plan,  it  is  probable  he  acts  in  concert  with  the 
Spaniards,  and  expects  to  be  assisted  by  them  ;  if  they 
really  abet  his  schemes,  they  must  be  authorized  by 
orders  from  Madrid,  or,  in  other  words,  from  St.  Cloud. 
Thus  what  I  have  long  i)redicted  is  perhaps  going  to  take 
place,  and  that  Napoleon  will  in  reality  be  the  master  of 
Louisiana  ;  for  a  government  independent  of  the  United 
States  cannot  be  maintained  by  Col.  IJurr  in  that  country 
but  under  the  auspices  and  jirotection  of  a  great  foreign 
and  naval  power.  The  United  States  might  by  fitting 
out  a  few  frigates,  sIoojjs  of  war  and  gunboats  effectually 
block  up  the  river  Mississippi,  unless  prevented  by  Spain 
and  France.  Perhaps  the  Spaniards  may  i)ermit  the  prod- 
uce of  the  western  country  to  pass  from  that  river  into 
the  Bay  of  Mobile  and  so  on  to  Pensacola.  This  we 
cannot  hinder  wilhout  coming  to  an  open  rupture  with 
Spain,  which  this  government  seems  much  averse  to,  as 
such  a  measure  would  lead  to  a  war  with  France  as  the 
ally  of  Spain,  and  eventually  force  the  United  States  into 
a  treaty  offensive  and  defensive  with  Great  Britain.  With 
great  reluctance  would  such  a  treaty  be  entered  into  by 
our  present  Administration.  Nothing  but  dire  necessity 
will  compel  them  to  adopt  such  a  measure,  the  whole 
faction  from  top  to  bottom  detest  the  English  and  their 
constitution."  ' 


i  I 


To  his  son-in-law,  Robert  Goodloe  Harper,  Charles 
Carroll  wrote,  July  4,  1807,  on  the  subject  of  the 
conspiracy,  in  which,  it  seems,  some  persons  wished 

'  Family  papers,  lion.  John  Lee  Carroll, 


: 


I II 


Resources  of  Great  Britain.  277 


<1 


to  implicate  Harper:  "  Have  you  received  any  letters 
lately  from  Mr.  Bellman?  He  has  written,  I  am 
told,  two  in  consequence  of  a  threatened  prosecution 
a<;ainst  you  as  an  accomplice  in  Burr's  conspiracy. 
Of  the  inclination  of  the  Administration  to  prose- 
cute you  I  have  little  doubt,  but  none  of  your  inno- 
cence. You  have  too  much  sense  and  principle  to 
have  implicated  yourself  in  any  of  liurr's  plans, 
whatever  they  were.  His  situation  as  to  fortune 
was  desperate  ;  distrusted  by  all  parties  and  hated 
by  his  own,  he  may  have  meditated  some  desperate 
and  wicked  enterprise,  but  situated  as  you  are,  it 
would  have  been  the  extreme  of  folly  in  you  to  have 
participated  in  it."  '  Still  closely  observing  the  pro- 
gress of  events  in  Europe  as  well  as  in  the  United 
States,  Charles  Carroll  writes  to  his  two  correspond- 
ents his  thoughts  fully  and  unreservedly,  upon  the 
passing  pageant  as  the  years  go  by. 

"  Doiig/ioregan^^th  Sept.,  iSoy  :  The  armistice  between 
Napoleon  and  Alexander  will  probably  end  in  an  humlHat- 
ing  peace  of  Russia,  Prussia  and  Sweden  ;  those  powers 
will  be  forced  to  abandon  England,  exclude  her  ships 
from  the  Baltic,  and  perhaps  to  renew  the  armed  neu- 
trality. 

"  The  British  nation  has  resources  to  carry  on  a  naval 
war  against  France  and  her  allies  for  20  years  and  the 
means  to  revolutionise  all  the  Spanish  Colonics  ;  but  the 
advanced  age  of  the  king,  the  profligate  character  of 
the  heir  apparent,  the  dissensions  among  the  great,  and 
the  weight  of  taxes,  the  discontents  of  the  people,  and  the 
precarious  situation  of  Ireland,  will,  I  fear  induce  the 

'  Family  papers,  Mrs.  William  C.  Pennington. 


m;,^ 


1 1  >» 


'■  I 


I 

\ 


278         Charles  Carroll  of  Carroll  ton. 

present  ministry,  in  order  to  maintain  their  places,  to 
make  a  disgraceful  peace,  which,  if  Napoleon  lives  ten 
years  longer,  \n  ill  put  the  independence  of  the  British 
Islands  in  jeopardy.  I  am  firmly  persuaded  he  is  bent 
on  thecon([uest  of  (Ireat  Britain,  not  to  be  achieved  how- 
ever, without  a  navy  capable  of  contending  for  the  do- 
minion of  the  seas.  Peace  and  i)eace  only,  will  enable 
him  in  the  course  of  ten  years  to  build  a  fleet  and  man 
it  capable  to  cope  with  that  of  l^ngland.  If  this  i)osition 
be  true,  it  must  be  manifestly  the  interest  of  Kngland  to 
continue  the  war." 

"  Doug/iorcgaii^  i^th  September  :  F^ither  Alexander 
must  want  understanding  and  firmness,  or  Russia  has 
not  the  power  and  resources  attributed  to  her  by  com- 
mon opinion.  It  docs  not  api)ear  that  Napoleon  has 
stripi)ed  Russia  of  any  territory,  but  the  peace  he  has 
granted  to  Russia  and  Prussia  has  made  him  the  arbiter 
of  the  continent  of  Europe.  I  suspect  there  are  some 
secret  articles  in  the  treaty  to  be  fulfilled  in  case  Great 
Britain  should  not  make  peace  ;  time  will  discover  whether 
Napoleon  will  make  peace  with  Great  Britain  on  such 
terms  as  she  can  with  lionor  and  safety  accejjt. 

**  I  propose  going  to  Carrollton  the  25th  of  this  month, 
and  sliall  be  glad  to  have  your  comjjany.  I  have  but 
two  complaints,  old  age  and  the  cholic." 

''''February  ist,  180S :  Nothing  has  transpired  about 
the  negotiations  with  Mr.  Rose.  I  hope  they  will  ter- 
minate favorably,  but  my  fears  are  stronger  than  my 
hopes.  I  suspect  the  Administration  is  decidedly  under 
French  influence,  and  that  faction  being  numerous  and 
desperate,  they  will  if  they  can  plunge  this  country  into 
a  war  with  England." 

**  February  12th  :  It  is  the  true  interest  of  this  country 
to  form  an  alliance,  offensive  and  defensive,  with  Eng- 


■      I 


True  Interest  of  America, 


2/9 


land  ;  such  an  alliance  woiiUl  cnuincipale  the  Spanish 
Colonics  on  the  Continent  from  the  dominion  of  Hona- 
parte,  subject  all  the  West  India  islands  to  Clreat  Britain, 
except  Cuba,  the  sovereignty  of  which  should  be  guaran- 
teed to  the  United  States  by  that  power.  Vou  fear  that 
England  would  make  peace  and  leave  us  in  the  lurch. 
She  cannot  make  peace  during  the  life  of  Bonaparte  ;  in 
this  contest  she  must  either  perish  or  concjuer  ;  our  alli- 
ance and  powerful  co-operation  would  insure  her  victory. 
If  we  do  not  join  England  and  she  should  be  subdued, 
can  you  suppose  the  ambitious  Tyrant  of  France  would 
not  impose  on  us  his  iron  yoke  ?  " 

"  Annapolis^  igt/i  February :  An  idea  pn^vails  here 
that  the  fate  of  Mr.  Rose's  negociation  will  be  decided  in 
two  or  three  days  and  strong  apprehensions  are  enter- 
tained about  the  result.  From  the  following  paragraph 
in  Mr.  Harper's  letter,  I  draw  the  inference  that  Mr. 
Rose's  negociation  has  terminated  unfavorably  to  the 
views  of  those  who  wish  to  be  on  good  terms  and  at 
peace  with  England.  Mr.  Harper  in  his  preceding  let- 
ters spoke  of  the  general  expectation  that  the  negociation 
would  be  successful.  I  own  my  opinion  was  different, 
founded  on  the  publications  in  \\\^  National  Intelligencer^ 
a  paper  supposed  to  be  under  the  influence  of  the  Exec- 
utive and  to  utter  his  sentiments,  and  therefore  if  the 
negociation  should  disappoint  the  general  expectation,  it 
will  not  mine,  tho'  it  will  my  wishes  ;  for  I  am  persuaded 
it  is  the  true  interest  of  this  country  not  only  to  be  at 
peace  with  England,  but  to  make  an  alliance  offensive 
and  defensive  with  her  ;  this  opinion  I  believe  to  be  con- 
fined to  a  few  comparatively  speaking,  and  as  there  is 
little  prospect  of  such  alliance  being  formed,  England 
had  better  be  at  open  war  with  the  United  States  than 
suffer  them  under  a  disguised  neutrality,  to  carry  on  the 


I  '..*' 


^ 


U 


<!)! 


1^  ^. 


28o  Charles  Carroll  of  Car rolltov. 


I  <"  i< 


^  i 


,v  I 


trade  of  its  enemies,  I  hope  to  hear  from  you  by  this 
day's  mail,  and  am  Dear  Charles,  Vr.  aff.  Father,  etc." 

[To  CnAKLKs  Cakkom,  Jr.') 

'*  Annapo/is,  nth  A/>n7,  tSoS :  Messrs.  Livermore  and 
Alexander  Hanson  did  me  the  favor  to  call  on  me  Friday 
evening  ;  by  them  I  was  informed  you  had  returned 
from  Washington  on  Thursday.  What  impression  has 
Champagny's  letter  made  on  Congress  and  the  Adminis- 
tration ?  Will  the  embargo  be  taken  off  soon  ?  Can  any 
tolerable  giiess  be  formed  who  will  be  the  next  President  ? 
If  Mr.  Rose  was  not  tied  up  by  his  instructions,  he  ought 
in  my  opinion,  to  have  closed  with  Madison's  last  [)ro- 
posalof  declaring  what  atonement  the  British  government 
would  offer  for  the  attack  on  the  Chesapeake^  and  making 
that  document  and  the  revocation  of  the  proclamation 
bear  contemporaneous  dates,  as  Madison  consented  to 
separate  the  search  of  merchant  vessels  for  British  sea- 
men from  the  reparation  of  the  insult  on  our  flag  by  the 
attack  on  the  Chesapeake.  Surely  the  British  ministry,  if 
really  desirous  of  being  on  good  terms  with  this  country, 
were  over-punctilious  in  persisting  on  the  previous  revo- 
cation of  the  proclamation,  before  their  envoy  should 
disclose  the  nature  and  extent  of  the  atonement  to  be 
offered  for  the  outrage  committed  on  our  frigate.  That 
ministry  insisted  that  the  right  of  search  of  private  ves- 
sels should  not  be  blended  with  the  question  of  repara- 
tion for  that  outrage  ;  this  point  was  yielded  by  our 
government.  Why  then  did  not  Rose  with  candor  de- 
clare what  reparation  he  was  authorized  by  his  govern- 
ment to  make  ?  His  conduct,  or  that  of  his  government, 
savors  too  much,  in  the  whole  of  his  negotiation,  of  the 
tricks  and  shifts  of  a  pettifogging  attorney.  Are  we  to 
have  war  ?     And  with  whom,  France  or  England  ?     Or 

'  Family  papers,  Hon.  John  Lee  Carroll. 


ij' 


Austria  and  Archduke  Charles, 


281 


are  wc  to  remain  in  itatu  tjuo^  suffering  almost  all  the 
privations  of  a  state  of  war,  with  a  dei^railation  of  (  har- 
acter  which  war  wajied  aj^ainst  our  real  enemy  I'rance, 
with  spirit  and  conjuct  would  in  some  measure  wipe 
off  ? " 

*'  Anihxpolis  lot/i  April,  iSoi^  :  1  have  seen  the  l^ni!lish 
account  of  the  battle  on  the  high  grounds  of  Corunna 
given  by  (leneral  Hoi)e  to  lleneral  Haird,  which  may  be 
considered  as  official  and  to  be  depended  on  ;  the  Eng- 
lish claim  the  victory." 

^^  May  14th  :  Tome  it  seems  evident  that  Bonaparte 
is  determined  to  quarrel  v^  i  h  A  uria,  p'  J  to  strip  that 
power  of  the  greater  part  ot  its  douiinions,  perhaps  to 
place  another  dynasty  on  the  throi;  ef  that  ancient  house. 
If  Austria  delays  tv)  strike  the  fust  blow,  waiting  for  the 
decision  of  Alexander,  and  permit  her  deadly  enemy  to 
assemble  his  forces  and  to  bear  upon  her  uom  ill  sides 
with  all  his  resources  and  power,  not  all  the  abilities  of 
the  Archduke  Charles,  the  valor  and  patriotism  of  the 
subjects  of  Austria  can  save  her  from  destruction. 

I  perceive  Messrs.  Livermore  and  Hanson  mean  to 
discontinue  their  paper  after  the  4th  of  July,  from  want 
of  encouragement.  This  determination,  and  particularly 
the  cause  of  it,  is  much  to  be  regretted  ;  their  i)aper  in- 
culcated by  several  masterly  productions,  correct  princi- 
ples of  government,  and  has  contributed  to  the  decrease 
of  Democracy.  By  the  late  intelligence  from  Lisbon  of 
the  27th  March,  it  appears  that  the  Portuguese  mean  to 
defend  their  country.  If  a  large  proportion  of  the  French 
enemy  has  returned  to  France  to  attack  Austria,  and  the 
unsubdued  part  of  Spain  should  collect  and  have  time 
to  discipline  an  arn^y  of  100,000,  and  the  Portuguese 
another  of  the  same  strength,  it  is  to  be  hoped  their  joint 
efforts  may  be  crowned  with  success,  particularly  if  the 


\\ 


m ' '  1 


1, 


i  \    ' 


!'!  ^' 


mi  h 


It 


282  Charles  Carroll  of  Carrollton, 


1^    ;|<         ■!  1'^ 


:l.       .    ■■» 


io 


\'    ! 


war  with  Austria  should  employ  Bonaparte  two  or  three 
years.  The  inactivity  of  the  French  armies  in  Spain 
must  be  owing  either  to  the  diminution  of  their  numbers 
by  large  detachments  being  sent  to  Germany,  or  to  the 
want  of  subsistence  in  Spain  and  Portugal,  and  to  the 
vast  expense  and  delays  of  obtaining  it  from  France." 
[To  Robert  Goodloe  Harper,'] 

"  Doughoregan^  2Sth  July,  i8og  :  It  is  to  be  hoped  the 
Archduke  Charles  will  turn  to  good  account,  and  make 
the  most  of  the  victories  obtained  over  Napoleon  on  the 
2ist  and  22nd  May  ;  from  his  past  conduct  it  is  to  be  ex- 
pected that  the  saying  or  reproach  made  to  Hannibal  by 
one  of  his  officers  after  the  victory  of  Cann  vincere 
qiiidem  suis^  uti  victorioe  nesces,  will  not  be  applicable  to  the 
Archduke." 

"  Annapolis,  igth  March,  1810 :  If  Napoleon  should 
repeal  his  Berlin  and  Milan  decrees,  as  intimated  by  a 
letter  of  the  ist  of  January  from  Paris,  detailing  a  con- 
versation which  passed  between  his  ministers  and  a  depu- 
tation of  merchants,  the  orders  of  Council  will  fall  of 
course,  and  our  trade  such  as  neutrals  ought  to  carry  on, 
will  suffer  no  interruption  from  the  belligerents.  If  Na- 
poleon acknowledges  the  right  of  search  to  be  authorized 
by  the  law  of  nations,  as  has  been  suggested  at  the  con- 
versation above  mentioned,  our  differences  with  England 
must  be  amicably  settled,  for  that  right  coupled  with  that 
also  claimed  by  the  British  Government  of  taking  their 
own  subjects  out  of  our  merchant  vessels  will  no  longer 
form  a  pretext  of  quarrel  with  the  British  to  keep  alive 
the  animosity  of  party  in  this  country  against  that  nation, 
the  only  means  left  to  the  ruling  faction,  of  perpetuating 
their  own.  power. 

'  Family  papers,  Mrs.  William  C.  Pennington. 


Meetina^  of  Merchants  at  Paris.         2 S3 


or  three 
in  Spain 
numbers 
3r  to  the 
d  to  the 
nee." 


oped  the 
nd  make 
n  on  the 
to  be  ex- 
inibal  by 
vincere 
ble  to  the 

n  should 
Lted  by  a 
g  a  con- 
d  a  depu- 
fall  of 
carry  on, 
If  Na- 
thorized 
the  con- 
England 
with  that 
ing  their 
o  longer 
ep  alive 
t  nation, 
)etuating 


I  suspect  the  meeting  of  the  merchants  at  Paris  with 
the  ministers,  and  the  alleged  conversation  above  referred 
to,  is  destitute  of  truth  and  a  mere  stock  jobbing  fabrica- 
tion formed  in  London.  The  late  confiscation  of  Ameri- 
can property  in  the  ports  of  Spain  in  the  hands  of  the 
French,  and  the  im[)risonment  of  their  crews,  declared 
prisoners  of  war,  discredit  in  a  great  measure  the  declara- 
tions of  the  French  ministers  to  the  merchants  ;  the  two 
accounts  cannot  be  reconciled  on  any  other  ground  than 
the  determination  of  Bonaparte  to  consider  the  Ameri- 
cans trading  to  Spain  as  violating  tlie  rights  of  belliger- 
ents by  their  commerce,  interdicted  by  the  law  of  nations, 
with  revolted  subjects,  A  little  time  will  disco/er  whether 
this  construction  upon  the  news  from  Spain  is  well 
founded." 

[To  Charles  Carroll,  Jr.'] 

In  a  letter  from  Charles  Carroll  of  CarroUton  to 
his  son-in-law,  Mr.  Harper,  of  February  17th,  he  has 
news  to  tell  of  the  Austrian  army,  **  information  I 
had  from  Colonel  Mercer's  son  John,  which  was  con- 
firmed by  Mr.  Caton."  And  then  the  staunch  Fed- 
eralist continues;  '*  How  does  the  Executive  relish 
the  report  of  the  joint  committee  of  the  Massachu- 
setts Legislature  ?  In  my  opinion  it  is  a  masterly 
performance,  and  I  hope  will,  with  other  publications, 
open  the  eyes  of  this  nation  that  they  may  see  the 
deformity  of  conduct  of  this  Frenchified  administra- 
tion, plotting  the  subversion  of  our  independence  to 
perpetuate  their  power  and  misrule  under  the  power 
of  France." 

Captain  and  Mrs.  Decatur  visited  Charles  Carroll 

'  Family  papers,  Hon.  John  Lee  Carroll. 


\% 


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f 


iH^ 


284         Charles  Carroll  of  Carrollton, 


.  t  ' 


^■S 


i 


»  I 


\  " 


it 


at  Annapolis  in  April,  "  landed  here  yesterday,"  as 
he  writes  to  Mr.  Harper  on  the  1 3th.  They  expected 
to  go  from  Annapolis  to  Baltimore,  their  host  pro- 
posing to  send  them  in  his  "  Jersey  wagon."  And 
he  adds :  "  Captain  Decatur  will  go  to  Washington 
from  Baltimore,  and  will  remain  some  days  in  the 
former  city.  I  hope  you  will  iiwite  them  to  take  up 
their  quarters  with  you.  Mrs.  Decatur  intends  go- 
ing to  Brooklandwood  if  Mr.  Caton's  family  are 
there."  Charles  Carroll  was  much  interested  in  the 
renewal  of  the  charter  of  the  United  States  Bank, 
and  wrote  to  his  son-in-law  for  information  about  it 
from  the  "  influential  "  members  of  Congress.  In 
this  letter,  dated  February  6,  181 1,  there  is  men- 
tion of  the  communications  from  Europe  contained 
in  the  President's  message  of  January  31st,  and  the 
report  that  later  dispatches  had  been  received.  And 
Charles  Carroll  adds : 

**  If  such  have  been  received  and  their  contents  have 
transpired,  I  should  be  glad  to  know  if  they  hold  out  any 
well  grounded  assurance  that  the  Berlin  and  Milan  de- 
crees are  in  reality  repealed,  as  to  the  United  States,  and 
whether  the  two  great  products  of  our  soil,  cotton  and 
tobacco,  are  suffered  to  be  imported  into  France  and  the 
north  of  Germany,  paying  such  duties  only  as  will  leave 
a  profit  on  the  sales  to  the  importers. 

I  suspect  there  is  a  secret  understanding  between  our 
government  and  that  of  France  ;  the  President's  Proclama- 
tion cannot  be  reconciled  to  common  sense  on  any  other 
supposition  or  principle.  If  I  am  not  mistaken,  Bona- 
parte contends  that  no  port  ought  to  be  considered  as 
blockaded  which  is  not  invested  by  land  as  well  as  by 


Trade  ivith  Europe  Intercepted, 


285 


sea  ;  does  our  Executive  admit  and  contend  for  this 
novel  doctrine  ?  If  the  Orders  of  Council  should  be  re- 
revoked,  it  is  probable  that  the  British  besides  keeping 
strong  squadrons  before  the  Scheldt,  Brest,  L'Orient 
Rochcfort  and  Toulon,  will  station  one  or  more  frigates 
and  sloops  of  war  at  the  entrance  of  the  I'exel  and  the 
principal  mercantile  ports  of  France,  to  intercept  all  trade 
with  France  and  the  countries  en'^orcing  her  decrees 
against  British  trade  and  manufactures.  This  Great 
Britain  has  a  right  to  do  by  the  law  of  nations,  and  if 
exerted  our  commerce  with  France  and  the  continent  of 
Europe  under  the  control  of  Bonaparte  will  be  too  haz- 
ardous to  be  pursued  with  advantage." 

On  the  lotli  of  March,  Charles  Carroll  writes  :  *'  I 
hear  wheat  and  flour  have  risen  considerably  in  con- 
sequence of  a  supposed  contract  made  by  the  French 
Government  for  the  supply  of  their  armies  in  Spain 
and  Portugal.  If  the  English  government  should  be 
timely  apprised  of  this  measure  it  is  probable  it  will 
station  ships  to  capture  our  vessels  thus  loaded  to 
supply  their  enemies,  and  considering  the  manifest 
partiality  of  our  administration  for  France,  we  shall 
have  no  just  cause  to  complain." ' 

The  Caton  sisters  sailed  for  Europe  in  April, 
181 1.  Charles  Carroll  went  to  the  Manor  about  the 
end  of  May,  where  Mr.  Harper  was  to  join  him  with 
•'  little  Dick  and  Elizabeth."  Charles  and  Mary  Har- 
per were  at  school.  "  In  the  meantime,"  writes  their 
grandfather,  **  they  may  visit  the  Manor  every  Satur- 
day and  return  to  town  the  Mondays  following." 
During  the  summer  of  181 1  and  the  early  months  of 

'  Family  papers,  Mrs,  William  C.  Pennington, 


,    h\ 


I 


'i      \V 


.1]| 


I 

i! 


\ 


,(■  (. 


ui 


•ITT^am^ 


"f 


111  ~  < 


r    :!J 


(     ;  I 


286  Charles  Carroll  of  Car rolUon. 

18 1 2,  the  correspondence  with  Charles  Carroll,  Jr., 
and  Mr.  Harper  was  carried  on  with  unflagging  in- 
terest. 

*^  Doiig/iorcgan,  4th  June,  iSii :  I  wish  the  rencoun- 
ter between  the  Little  Belt  and  the  President  may  not  be 
attended  with  serious  consequences.  As  the  Adminis- 
tration of  this  country  wish  to  involve  it  in  a  war  with 
Great  Britain  I  do  not  believe  they  will  make  any  apology 
for  Rogers'  conduct,  which  I  believe  will  be  expected  by 
the  British  ministry  and  nation.  My  oi)inion  is  founded 
on  the  principle  that  the  public  ships  of  a  neutral  nation 
have  no  right  to  chase  a  public  ship  of  war  of  a  belliger- 
ent. Rogers  admits  that  he  knew  the  ship  which  he 
chased  to  be  a  ship  of  war,  and  he  must  have  known  that 
it  was  not  one  of  ours.  It  must  then  have  been  either  a 
British  or  a  French  vessel  of  war :  with  both  of  which 
nations  we  are  at  peace.  Captain  Bingham,  I  really 
believe,  took  the  President  for  a  French  frigate,  and  fired 
with  the  view  of  crippling  her  sails  and  rigging  to  effect 
his  escape,  for  he  must  have  been  convinced  from  the 
great  superiority  of  his  enemy  that  he  had  no  other  means 
of  escaping.  Again,  what  right  had  Rogers  to  hail  the 
Little  Belt?  In  doing  so,  and  in  chasing  her  I  consider 
him  as  the  aggressor,  and  on  his  head,  and  that  of  the 
Executive,  under  whose  orders  he  acted  the  blood  spilt 
must  fall.  I  wish  the  British  government  may  not  reason 
in  this  case  as  I  have  done." 

[To  Charles  Carroll,  Jr.'] 

"  Doughoregan,  8th  yime :  "  Kitty,  little  Dick  and 
Betsy  were  at  Perry  Hall  on  AVednesday.  ...  In  a 
letter  from  Cadiz  of  the  23rd  April  it  is  mentioned  that 

'  Family  papers,  Hon.  John  Lee  Carroll. 


I  \ 


Ic 


and 
In  a 
d  that 


The  ''Little  Belt''  and  '' President r     287 

Lord  Wellington  was  following  Massena  into  Andalusia, 
and  that  he  was  at  Zapa.  I  cannot  find  any  place  of  that 
name  in  my  map  of  Spain  ;  I  find  the  town  of  Zafra  in 
Andalusia,  If  the  latest  intelligence  from  Cadiz  and  Lis- 
bon can  be  relied  on,  we  may  expect  to  hear  of  a  battle 
fought  in  Andalusia  about  the  last  of  April  or  beginning 
of  May.  I  conjecture  Massena  has  formed  a  junction 
with  the  French  forces  in  Andalusia  commanded  by  Vic- 
tor, and  that  Wellington,  Beresford,  Ballastros  and  Blake 
with  a  great  part  of  the  garrison  of  Cadiz  have  also  united. 
A  dispatch  vessel,  it  is  said,  had  arrived  at  the  Havanna 
in  twenty-four  days  from  Cadiz,  that  is  on  the  i7lh  May  ; 
she  must  therefore  have  left  Cadiz  on  the  27th  April,  on 
which  day  an  express  may  have  reached  Cadiz  with  an 
account  of  the  victory  over  the  combined  French  armies. 

Had  Commodore  Rogers  a  right  to  chase  the  Little 
Belt,  and  had  he  a  right  to  hail  her  ?  It  appears  to  me 
that  he  had  no  right  to  do  either.  I  should  be  glad  to 
know  your  opinion  on  these  points.  I  believe  Bingham 
supposing  the  President  to  be  a  French  frigate  had  a 
right  without  answering  the  hail,  to  fire  o'l  her.  I  am 
anxious  to  learn  how  Admiral  Sawyer  will  act  on  the  oc- 
casion." 

"  yune  28th, :  I  presume  Lord  Wellington  returned  to 
his  army  to  watch  the  motions  of  Massena,  whose  army 
may  not  be  so  much  crippled  as  represented.  He  has 
probably  sent  strong  detachments  to  Beresford  who  v/ill 
not,  I  suspect,  to  judge  from  Lord  Wellington's  dis- 
patches of  the  25th  April,  attempt  anything  against  Soult 
and  Victor  till  Badajos  is  taken. 

"  I  have  read  Smith's  *  Address  to  the  people  of  the 
United  States'  He  has  painted  Madison  in  his  true 
colors.  But  had  Smith  resigned  his  office  before  he  was 
turned  out  of  it,  *  and  had  not  waited  for  an  occasion  of  do- 


'I    ,: 


U 


% 


288  Charles  Carroll  of  Cari'ol Hon. 


i'V- 


m 


i: 

I  f 


M 


', :   ' 


|:( 


/'//)?•  i^  imthout  endangering  conjliciing  agitations  among  their 
respective  friendSy  his  motives  for  defending  his  own  con- 
duct and  exposing  Madison's  would  not  then  have  been 
imputed  to  disappointment  and  resentment.  I  hope  the 
partisans  of  Madison,  or  he  himself  under  a  borrowed 
name  will  attack  Smith's  Address  and  gore  him  for  his 
patriotism  ;  if  the  attack  should  reflect  on  his  want  of 
talents,  duplicity,  or  any  other  vices  his  political  adversar- 
ies may  liberally  heap  upon  him,  this  may  draw  forth  a 
replication  which  may  unfold  more  of  the  machinations 
of  the  Washington  Cabinet,  if  Smith  has  been  entrusted 
with  all  their  secrets,  which  I  doubt.  But  I  have  no 
doubt  that  Cabinet  is  delermined  on  a  war  with  England 
and  an  alliance  with  France." 

'"'' yuly  jrd :  I  congratulate  you  on  the  good  news 
from  Portugal  and  Si)ain.  I  have  looked  most  anxiously 
over  the  marine  list  for  the  arrival  of  the  hx'\g  Robert ; 
she  ought  to  have  reached  Lisbon  by  the  20th.  May," 

"  7'fiy  4^h  ■  If  the  victories  obtained  by  Wellington 
and  Beresford  over  the  French  have  terminated  accord- 
ing to  the  accounts  given  in  the  newspapers,  the  French 
must  evacuate  the  Peninsula,  unless  promptly  reinforced. 

"What  do  the  Democrats  of  Annapolis  say  of  Smith's 
Address  ?  If  the  state  paper  published  in  the  Boston 
Patriot,  has  been  communicated  by  John  Q.  Adams  to 
his  father,  we  cannot  doubt  its  authenticity  and  it  must 
make  a  most  serious  impression  on  all  those  of  the  Demo- 
cratic party  who  are  not  determined  to  go  all  lengths  in 
support  of  the  measures  adopted,  and  to  be  adopted  by 
our  Executive.  Is  the  Boston  Centinel  a  Democratic 
paper  ?  In  it  a  paper  has  been  published  entitled 
'  Additional  Instructions  for  the  French  Minister  Ser- 
rurier,'  which  are  evidently  fabricated  in  this  country. 
The   Federal  prints  ought   not    to  publish  falsehood, 


k-i 


»  » 


Hanson  and  William  Carroll. 


289 


There  are  true  and  damning  proofs  enough  against  this 
Administration  ;  fictions  weaken  the  force  of  realities." 

^^  Annapolis,  2isi  J^anuary,  1812/  The  Administra- 
tion of  this  country  has  got  into  a  miserable  hobble, 
from  which  nothing  can  extricate  it  but  England's  declar- 
ing war  against  us.  Notwithstanding  the  manifold 
provocations  given  by  our  government,  and  its  manifest 
partiality  for  France,  the  English  Cabinet  is  too  wise  to 
help  our  rulers  out  of  the  scrape  by  declaring  war  against 
the  United  States.  Is  it  supposed  the  Legislature  of 
Pennsylvania  will  reincorporate  the  late  Bank  of  the 
United  States  ? " 

^^  May  igth  :  Early  in  next  month  70  pr.  ct.  on  my 
shares  in  the  late  Bank  of  the  United  States  will  be  sub- 
ject to  my  order  ;  that  money  and  all  other  sums  I  can 
spare  from  my  own  expenses  and  engagements,  I  mean 
to  subscribe  to  a  new  Bank  of  the  United  States  should 
such  an  establishment  take  place." 

[To  Robert  Goodloe  Harper.'] 

"  AnnapoliSy  28th  May  :  I  am  informed  the  contest 
will  be  warm  between  Mr.  Hanson  and  Mr.  William 
Carroll,  and  that  it  is  doubtful  which  will  be  the  success- 
ful candidate  ;  my  fear  is  that  in  consequence  of  a  divi- 
sion among  the  Federals  a  Democratic  Representative 
may  be  chosen.  Certainly  Mr.  Hanson  has  more  knowl- 
edge of  the  affairs  of  the  U.  S.,  and  is  better  acquainted 
with  the  proceedings  of  Congress,  our  foreign  relations, 
and  all  the  documents  relating  to  them,  and  the  manoeu- 
vres of  our  Administration,  than  Mr.  Carroll ;  he  also  is 
accustomed  to  public  speaking,  and  from  this  acquired 
habit  can  declare  with  force  his  sentiments  on  the  floor 
of  Congress,  an  advantage  which  I  believe  Mr.  Carroll 
does  not  possess,  at  least  in  so  great  a  degree  as  Mr. 

'  Family  papers,  Mrs.  William  C.  Pennington. 
VOL.  11—19 


il 


!  .1' '  i' 


:v^ 


I'*!!] 


''If 


I 


il^::i' 


290  Charles  Carroll  of  Carrol  lion. 

Hanson.  For  these  reasons  I  wish  Mr.  Carroll  would 
decline  the  contest.  It  is  too  delicate  a  subject  for  me 
to  speak  or  write  to  him  about  ;  should  he  give  nic  an 
opportunity  of  declaring  my  opinion,  I  shall  embrace  it. 
A  petition  intended  to  be  signed  by  the  freeholders  and 
inhabitants  of  this  county  to  Congress  against  war  has 
been  drawn  up  by  Col.  Mercer,  which  I  have  read  and 
approve  ;  it  is  temperate,  the  style  good,  and  the  reason- 
ing clear  and  forcible.  1  believe  it  is  now  in  the  press 
and  I  am  told  if  industriously  circulated,  will  be  signed 
by  a  large  majority  of  the  people  of  this  county,  Feder- 
als and  Democrats. 

The  dread  of  war,  a  militia  draft  and  heavy  taxes,  and 
a  total  stagnation  of  trade,  are  beginning,  1  expect,  to 
effect  a  salutary  change  in  the  sentiments  of  the  Ameri- 
can people,  which  will  no  doubt  be  strengthened  by  the 
pointed  contempt  the  Emperor  discovers  for  us.  John 
Mercer  told  me  that  Mr.  Monroe  assured  him  that  Bar- 
low was  not  authorized  to  make  any  treaty  with  France, 
but  only  to  insist  on  reimbursement  of  the  value  of 
American  vessels  seized  and  sold  under  the  Ramboulet 
Decree.  Indeed,  I  do  not  see  what  treaty  Barlow  could 
be  authorized  to  make,  except  an  alliance  offensive  and 
defensive  with  France  in  case  of  our  going  to  war  with 
Great  Britain,  which  probably  he  was  instructed  to  as- 
sure the  Emperor  this  government  would  declare,  if  the 
property  above  mentioned,  or  rather  its  value  should  not 
be  restored,  or  security  given  for  its  restoration.  But 
what  security  could  be  given  by  Perfidy  personified  ?  " 

[To  Charles  Carroll,  Jr.]' 

There  was  now  no  question  indeed  whether  the 
United  States  would  go  to  war,  and  with  whom. 

'  Family  papers,  Hon.  John  Lee  Carroll. 


Disturbances  in  Baltimore. 


291 


Hostilities  were  declared  on  the  19th  of  June,  18 12. 
The  objections  of  Charles  Carroll  of  Carrollton  to 
the  war  with  England  seemed  to  him  to  have  their 
justification  in  the  part  Great  Britain  was  playing 
as  the  champion  of  oppressed  nationalities  against 
the  tyrant  of  Europe,  the  French  Emperor,  "  Per- 
fidy personified."  Charles  Carroll  had  too  long 
looked  with  all  the  prejudices  of  an  Englishman 
upon  Napoleon  and  his  wars,  to  be  willing  to  see 
his  country  fight  Napoleon's  great  enemy.  And 
was  there  not  danger,  he  argued,  for  the  independ- 
ence of  the  United  States,  in  this  grasping  French 
imperialism  which  had  replaced  the  pseudo-repub- 
licanism of  the  Directory  and  the  Consulate  ?  He 
had  appar/^ntly  outlived  the  feeling  against  England 
that  would  have  been  natural  in  the  patriot  of  '^^^ 
and  he  was  ready  to  deal  le:  iently  with  her  sins 
against  America  in  18 12,  because  of  the  position 
she  held  in  Europe  as  the  one  barrier  across  the 
pathway  of  the  destroyer — Bonaparte. 

But  Carroll's  countrymen  generally  were  not  of 
his  opinion.  In  Baltimore  the  war  sentiment  was 
very  strong,  and  an  attack  was  made  upon  the  oflfice 
of  the  Federal  Republican,  Alexander  Hanson's 
paper,  which  resulted  in  a  most  deplorable  riot. 
Charles  Carroll  thus  alludes  to  it  in  a  letter  to  his 
son  of  August  5th,  written  from  "  Doughoregan  "  : 

"The  late  occurrences  in  Baltimore,  and  the  temper 
of  this  government  render  a  residence  insecure  in  this 
State,  and  I  may  want  all  the  sums  I  can  command  to 
enable  me  to  move  out  of  it,  if  the  state  of  politics  does 
not  soon  grow  better,  and  men  be  suffered  to  speak  their 


h'  i 


292  Charles  Carroll  of  Carrollton. 


\\ 


0 


sentiments  on  the  measures  of  the  present  rulers  of  our 
country  and  to  take  what  newspapers  they  please,"  ' 

The  war  began  with  some  unsuccessful  attempts 
at  the  invasion  of  Canada  and  disasters  in  the  north- 
west, but  was  followed  by  four  naval  victories,  the 
last  of  which  took  place  off  the  coast  of  Brazil  the 
day  before  the  following  letter  was  written  : 

"  Annapolis,  30th  December ,  18 r 2 :  There  is  a  report 
that  Mr.  Pinkney  is  to  succeed  Mr.  Monroe  as  Secre- 
tary of  State,  and  that  Mr.  Monroe  is  to  be  commander- 
in-chief  of  the  army  ;  but  without  better  troops  he  will 
not  be  more  successful  than  his  predecessors  in  the  inva- 
sion of  Canada.  Many  are  of  opinion  that  Madison  will 
continue  the  war  against  Great  Britain.  I  am  inclined 
to  this  opinion  also,  knowing  his  hostility  to  that  coun- 
try and  suspecting  his  connection  with  Bonaparte.  If 
Bonaparte  should  prevail  against  Russia,  the  war  will  go 
on  for  another  year,  till  the  next  House  of  Representa- 
tives will  force  the  Administration  to  make  peace.  In 
that  House  the  Administration  party  will  either  be  in  the 
minority,  or  have  so  small  a  majority,  and  their  war  meas- 
ures will  be  so  opposed,  that  this  government  must  ac- 
cept the  terms  which  the  British  ministry  may  offer,  and 
of  their  being  honorable  and  advantageous  to  both  coun- 
tries I  have  no  doubt."  ' 

To  his  son-in-law  Richard  Caton,  who  managed 
much  of  his  business  for  him,  Charles  Carroll  of 
Carrollton  wrote  from  Annapolis,  February  13, 
181 3,  giving  him  instructions  as  to  his  investments, 
and  other  matters.     He  fears  that  his  "  rent-wheats 

>  Ibid.  '  Ibid. 


\ 


:i--j 


French  Disasters  in  Russia, 


293 


will  not  produce  1500  barrels  of  flour,"  and  he 
authorizes  Mr.  Caton  to  take  $10  a  barrel  for  it 
which,  he  adds,  "  I  much  doubt  your  obtaining,  as 
long  as  our  Bay  continues  strictly  blockaded."  The 
Baltimore  Company  is  referred  to,  in  connection 
with  Charles  Carroll's  will,  which  he  intends  to  exe- 
cute the  next  day.  "  What  is  the  price  of  fustians," 
he  asks,  "fit  for  summer  liveries  for  my  servants? 
Coe  is  quite  out  of  employment  and  wishes  to  make 
the  liveries  at  present."  And  Charles  Carroll  con- 
cludes his  letter  with  a  discussion  of  the  latest  foreign 
news: 

"  The  report  of  Bonaparte's  arrival  at  Paris  at  mid- 
night on  the  1 8th  December,  appears  to  me  questionable. 
Supposing  him  not  to  be  dead  or  taken  by  the  Russians, 
and  that  he  arrived  in  safety  at  Wilna  on  the  9th  or  loth 
December,  he  could  not  leave  that  place  or  Warsaw  be- 
fore the  end  of  that  month,  as  providing  winter  quarters 
for  the  shattered  remains  of  his  army,  collecting  provisions 
and  reinforcements  would  require  his  presence  in  Poland 
for  at  least  twenty  days.  If  the  report  of  his  arrival  at 
Paris  be  false,  it  strengthens  the  probability  of  his  cap- 
ture or  death — neither  event  was  known  in  the  Russian 
army  at  the  date  of  Kutusoff's  last  dispatches  of  the  17th 
November."  ' 

Charles  Carroll's  correspondence  for  the  following 
twelve  months  carries  his  readers  back  and  forth 
between  Europe  and  America,  his  interests  vibrating 
between  the  two  continents.  In  February,  he  is 
telling  of  gaieties  in  Annapolis,  where  the  Misses 
Pinkney  "  fine  girls  and  well  educated  "  are  visiting 

'  MS  :  Letter,  Miss  M.  A  Cohen,  Baltimore. 


f    1 


W   ♦; 


,1  ^.'Si 


>'♦, 


\      i 


Uj 


II 


294         Charles  Carroll  of  Carrollton. 

Louisa  Caton  at  her  fjrandfatlicr's  house,  and  where, 
lh()ii<.,'h  it  be  war  tiine.s,  a  ball  is  to  be  given  in  com- 
pliinont  to  tliese  young  ladies  by  their  hostess: 
'*  Several  beaux  and  some  young  ladies  are  invited 
to  it  from  iJaltimore."  He  is  writing  to  Robert 
Goodloc  Marper  in  Washington,  and  adds  : 

"Shall  we  have  peace  with  England?  Will  not  the 
sad  disasters  of  Napoleon  accelerate  that  event  ?  'I'lie 
fate  of  that  man  is  not  yet  certainly  known  ;  perhaps  the 
French  minister  may  have  certain  information  about 
him,  and  Marlow  may  have  communicated  what  he  knows. 
I  cannot  bring  myself  to  believe  that  he  is  dead  or  cap- 
tured by  the  Russians  ;  neither  of  those  events  could  be 
concealed  for  more  than  a  few  days.  If  living  and 
returned  to  Paris,  his  entry  into  that  capital  forms  a 
mournful  contrast  to  his  former  triumphant  entries,  and 
the  shades  of  night  were  well  suited  to  the  gloominess 
of  his  mind  and  desperate  situation." 

And  so  the  letter  continues,  with  speculations  on 
the  probable  course  of  Russia,  Prussia,  and  Austria, 
and  the  final  queries  :  '*  Has  anything  transpired 
from  the  cabinet  ?  Have  any  secret  messages  been 
sent  to  Congress  by  the  Executive?  "  Four  letters 
written  in  March  to  the  same  correspondent  all  con- 
tain some  mention  of  Napoleon  and  evidence  the 
close  connection  his  fate  was  supposed  to  have  on 
the  issue  and  termination  of  the  war  in  the  United 
States.  A  new  coalition  was  forming  against  Bona- 
parte in  Europe.  Charles  Carroll  writes  as  the  news 
just  received,  March  ist  by  a  vessel  arrived  in  the 
Delaware  :  **  The  papers  from  Philadelphia  and  New 


\\ 


f  I : 


Madison  s  Measures  Condemned.       295 


York  will  no  doubt  reach  Wa;>liiii«^ton  by  this  day's 
mail,  and  give  the  details  of  these  important  events. 
God  send  tiiey  may  be  true."  Three  days  later  he 
says:  "As  Bonaparte's  power  seems  to  be  on  the 
decline,  and  Austria  and  Prussia  with  the  aid  of 
Russia  will  throw  off  his  yoke,  and  by  a  powerful 
combination  of  forces  drive  the  French  out  of  Ger- 
many and  Italy,  circumscribe  France  to  her  limits 
under  the  last  of  the  Bourbons,  and  restore  the 
ancient  order  of  things  in  Europe,  I  flatter  myself 
our  war  against  Great  Britain  will  soon  be  brought 
to  a  close."  And  further  on  there  is  this  frank  ad- 
mission :  "Many  persons  continue  of  the  opinion 
that  Bonaparte  is  dead,  from  their  strong  wishes,  I 
suppose,  of  his  death.  Although  no  one  desires  his 
death  more  than  I  do,  I  cannot  suffer  my  wishes  to 
betray  my  judgment."  Carroll  receives  in  a  letter 
from  Baltimore,  the  substance  of  a  handbill  circulated 
in  New  York,  and  congratulates  his  son-in-law,  "  and 
every  friend  of  humanity,  on  the  extermination  of 
the  tyrant's  army,"  as  the  result  of  the  Russian 
invasion. 

Of  the  home  Administration  and  its  policies, 
Charles  Carroll  continues  to  express  the  poorest 
opinion  :  "  Is  the  war  to  go  on  ?  Can  it  be  prose- 
cuted without  the  means,  and  against  the  general 
bent  of  the  nation  ?  In  consequence  of  the  Presi- 
dent's recommendation,  an  entire  stop,  I  suppose, 
will  be  put  to  exports  from  this  country.  Will  the 
people  long  submit  to  such  privations?  Their  folly 
or  corruption  in  the  re-election  of  Mr.  Madison  must 
now  be  manifest."     And  again  he  writes : 


m 


296         Charles  Carroll  of  Carrollton. 


\  ^    .) 


>t       V 


■'V\ 


\  \ 


M 


1  I 


"  Will  the  people  of  this  country  submit  to  the  measures 
to  which  you  apprehend  this  wicked  Administration  will 
resort,  to  carry  on  the  war  ?  I  have  long  been  of  the 
opinion  that  the  present  men  in  power  would  not  make 
peace  with  England  as  long  as  they  retained  their  offices. 
It  is  said  some  of  Napoleon's  papers  of  a  secret  and  im- 
portant nature  were  taken  tvith  his  baggage  by  the  Rus- 
sians. I  hope  the  confidential  despatches  from  our 
Administration  may  be  among  them  ;  if  found,  no  doubt 
they  will  be  communicated  to  the  British  ministry  and 
published.  It  is  reported  that  the  British  are  sending  to 
this  country  nineteen  ships  of  the  line  and  several  stout 
frigates  and  some  bomb  vessels.  They  must  expect  a 
French  fleet  on  this  coast,  for  so  large  a  force  does  not 
appear  necessary  to  blockade  strictly  our  ports.  I  sus- 
pect they  will  take  possession  of  Rhode  Island  and  fortify 
Newport,  from  thence  they  would  get  fresh  provisions, 
vegetables  and  water  for  their  blockading  squadrons."  ' 

In  letters  of  March,  April,  and  May,  Charles  Car- 
roll of  Carrollton  wrote  to  his  son  of  the  war  rumors 
floating  about  Annapolis  and  of  preparations  he  was 
making  to  secure  his  personal  property,  should  the 
enemy  appear. 

"  AnnapoltSy  12th  March,  1813 :  I  have  had  to  dine  with 
me  Mr.  Moore  the  British  agent  and  Captain  Ben  of  the 
Francis  Freeling,  the  British  packet  now  lying  in  this 
harbour.  I  am  much  pleased  with  Mr.  Moore.  This 
port  is  appointed  for  the  reception  of  flags  of  truce,  and 
Mr.  Moore  is  to  have  the  management  of  them,  to  receive 
despatches  and  forward  them  to  and  from  our  govern- 
ment. Mr.  Caton  seems  apprehensive  that  the  British  will 
bombard  our  town,  and  even  poor  Annapolis  may  not 

'  Family  papers,  Mrs.  William  C.  Pennington. 


Preparing  for  the  Enemy. 


297 


escape  ;  the  insignificancy  of  the  place,  and  its  being  the 
station  for  flags  of  truce,  will  exempt  it  from  that 
calamity.  Indeed  I  do  not  believe  the  enemy  will  bom- 
bard any  of  our  towns  ;  they  will  probably  enter  the  port 
of  New  York,  destroy  the  forts  and  our  frigates  there, 
and  at  Boston  and  Norfolk.  I  should  not  be  surprised 
at  their  landing  near  Washington  on  the  Potomac  from 
1500  to  2000  light  troops  and  making  a  rapid  march  to 
Washington  and  destroy  the  Dock  Yard  there.  The 
government  does  not  appear  to  apprehend  such  zcoii/>  de 
main,  and  I  suspect  is  not  prepared  to  defeat  it.  1  be- 
lieve the  British  will  take  Rhode  Island  and  fortify  New- 
port, the  port  which  a  French  fleet  would  certainly  steer 
for,  and  which  I  am  confident  the  British  expect,  or  they 
would  not  send  to  this  country  19  sail  of  the  line. 

"27///  April :  Mrs.  Tayloe  writes  from  Washington  to 
!ier  mother  dissuading  her  from  leaving  Annapolis,  as  in 
the  opinion  of  persons  well  informed,  Annapolis  is  the 
safest  place  of  residence  in  this  State,  It  is  made  one  of 
the  ports  in  the  United  States  for  the  reception  of  cartels 
and  the  exchange  of  prisoners." 

**  8th  May  :  I  have  sent  my  valuable  papers,  books  of 
account  and  plate  to  the  Manor,  and  baggage  of  different 
kinds  will  be  sent  to-morrow.  When  I  go  to  the  Manor, 
the  exact  time  I  cannot  now  fix  on,  your  sister  Caton 
and  her  daughters  Betsy  and  Emily  will  accompany  me. 
I  shall  remove  my  pipes  of  wine  to  my  farm  near  this 
city,  and  some  household  furniture,  for  I  seriously  appre- 
hend the  enemy  will  destroy  this  town.  It  is  reported  a 
strong  force  is  going  up  the  Potomac  and  that  they  are 
greatly  alarmed  at  Washington.  There  are  so  many  re- 
ports in  circulation  it  is  difficult  to  determine  what  to 
believe."  ' 

'  Family  papers,  Hon.  John  Lee  Carroll. 


IV' 


I '. '- 


H  \ 


•'  i'S 


t  M 


|,  ,;•  r 

1 

1,1 

V 1  1 

:     ) 


298         Charles  Carroll  of  Cm^rollton. 

But  this  time  the  alarm  proved  groundless,  and 
Charles  Carroll  going  from  Annapolis  to  "  Doughor- 
egan,"  lingered  at  the  Manor  until  the  second  week 
in  December.  From  the  latter  place  he  writes,  Oct- 
tober  31st,  to  Charles  Carroll,  Jr.,  rejoicing  over  Na- 
poleon's disasters  :  "  Your  servant  Sam  delivered 
your  letter  while  we  were  at  dinner  ;  the  foreign  in- 
telligence it  imparted  was  more  acceptable  than  the 
most  luxurious  desert  could  have  been."  And  on 
the  4th  of  November  he  refers  to  the  details  that 
had  appeared  in  the  Baltimore  Federal  Gazette : 
*'  It  appears  to  me  that  Napoleon  is  in  a  very  criti- 
cal situation.  God  send  that  the  disturber  of  the 
world  may  meet  with  his  deserved  fate  and  punish- 
ment." Of  Madison's  "  wicked  Administration," 
and  its  threats,  the  Maryland  Federalist  writes  as 
follows  : 

**  Doug/ioregan,  5th  December  :  If  the  government  of 
this  country  should  put  to  death  the  British  ofificers, 
soldiers  or  any  of  them  confined  to  retaliate  the  execu- 
tion of  British  subjects  taken  in  arms  fighting  against 
their  native  country,  I  have  no  doubt  the  British  fleet 
will  destroy  in  the  course  of  next  summer,  any  town  and 
habitation  on  the  coast  of  this  Bay  and  sea  accessible  to 
their  ships.  That  the  British  government  will  cause  to 
be  hanged  some  of  the  prisoners  sent  to  England  to  be 
tried  as  British  subjects,  proved  to  be  so,  I  am  fully  pvr- 
suaded  ;  in  doing  so  that  government  will  be  justified 
by  the  law  of  nations.  But  the  execution  of  British  pris- 
oners of  war  by  way  of  restitution  cannot  be  justified  by 
that  law,  and  though  our  present  wicked  Administration 
from  their  deadly  hatred  to  England  would  willingly  ex- 


Rights  of  Naturalized  Aliens.  299 

ecute  their  menace,  their  fears  will  restrain  them,  and  the 
American  nation  will  not  suffer  the  atrocious  deed  to 
take  place.  From  the  Regent's  declaration,  lately  made 
known  to  the  American  government,  it  is  obvious  the 
British  Admiral  was  instructed  not  to  lay  waste  our 
coasts  or  destroy  our  towns,  but  to  confine  his  operations 
to  the  intercepting  our  commerce.  I  presume  the  same 
line  of  conduct  will  be  pursued  by  the  British  if  our 
rulers  dare  not  retaliate  on  Britisli  prisoners  of  war  the 
just  ])unishment  that  may  be  inflicted  on  British  traitors. 
In  this  view  of  the  subject,  which  I  think  correct,  there 
is  no  immediate  necessity  to  remove  my  li')rary  from  my 
house  in  Annapolis,  or  my  wine  from  my  farm  near  it."  ' 

On  this  same  subject  of  British  prisoners,  and 
naturalized  citizens  and  their  rights,  or  "  wrongs," 
Charles  Carroll  has  more  to  say  in  a  letter  written 
two  days  later  to  Robert  Goodloe  Harper  : 

'*  Dr.  Thomas  has  brought  me  the  President's  message. 
It  breathes  a  hostile  spirit  against  England  and  menaces 
retaliation  if  the  British  government  should  direct  the 
prisoners  sent  to  England  for  trial — if  found  to  be  British 
subjects — to  be  executed.  Although  the  standing  law  of 
Great  Britain  natu'-alizes  all  aliens,  and  such  naturalized 
subjects  are  employed  in  her  fleets  and  armies,  have  not 
the  original  sovereigns  of  such  naturalized  aliens  a  right 
to  reclaim  them,  and  if  at  war  with  Great  Britain,  and 
they  should  be  taken  prisoners,  a  right  to  punish  them 
with  death  ?  Does  our  Constitution  or  laws  admit  of  its 
citizens  changing  their  allegiance  and  becoming  subjects 
of  another  State  ?  If  they  do  not,  should  an  American 
citizen  be  taken  fighting  against  this  country,  could  he 

not  be  tried  as  a  traitor  ? 

'  Ibid, 


1         » 


■hi 


h 


i 

'     f 

•il  .CI 


•Ii 


300         Charles  Carroll  of  Carrollton. 


■^    ill!?;  \ 


t  t 


If  this  country,  or  those  whose  subjects  are  naturalized 
by  Great  Britain,  admit  the  doctrine  that  allegiance  is 
not  indefeasible  and  may  be  changed,  the  case  put  by  the 
President  to  justify  retaliation  does  not  apply  as  to  Great 
Britain  and  will  not  justify  it.  The  President  asserts  that 
many  of  the  individuals,  prisoners  of  war  and  sent  to 
England  for  trial,  emigrated  from  the  British  dominions 
long  prior  to  the  war  between  the  two  countries  ;  the 
President  ought  to  have  good  proof  for  this  assertion. 
Although  the  British  government  may  have  the  right  to 
punish  as  traitors  British  subjects  taken  in  arms  against 
their  native  country,  even  being  naturalized  citizens  of 
this,  the  policy  of  the  measure  appears  to  me  very  ques- 
tionable." 

Writing  again,  December  i6th,  Charles  Carroll 
tells  of  his  .satisfaction  at  the  election  of  Governor 
Winder  and  a  "  Federal  Council."  He  speaks  of 
the  general  opinion  that  an  embargo  will  be  laid 
by  Congress ;  "  perhaps  this  measure  adding  still 
more  to  the  distresses  of  the  people,  may  at  last 
work  a  change  in  the  political  sentiments  of  the 
Democratic  party  and  induce  them  to  get  rid  of 
their  present  rulers."  Charles  Carroll  of  Carrollton 
was  at  this  time  in  Baltimore,  and  Mr.  Harper  was 
in  Annapolis  attending  the  session  of  the  Court 
of  Appeals  he  and  his  family  occupying  the  Carroll 
house. 

Complaints  had  been  made  against  the  overseer 
at  Charles  Carroll's  farm  near  Annapolis  and  several 
of  the  latter's  letters  during  this  winter,  which  he 
spends  in  Baltimore,  discuss  this  matter.  He 
expects  a  detailed  account  of  the  complaints,  from 
his  son-in-law,  when  he  will  be  "  better  able  to  form 


(It 


An  Unsatisfactory  Overseer. 


ralized 
mce  is 
by  the 
)  Great 
rts  that 
sent  to 
ninions 
2S  ;  the 
sertion. 
right  to 
against 
zens  of 
•y  ques- 

Carroll 
jvernor 
Daks  of 
be  laid 
still 
at  last 
of  the 
rid  of 
roUton 
3er  was 
Court 
Carroll 

verseer 
several 
lich  he 
.  He 
;,  from 
10  form 


proper  judgment  and  apply  some  remedy."  And 
he  adds  **  Sears  may  have  faults,  and  the  negroes 
may  complain  without  much  reason,  nay  they  may 
be  instigated  by  a  certain  person  to  complain  who 
bears  an  ill-will  against  Sears."  Mr.  Harper  is  to 
examine  how  Sears  conducts  his  business,  and  he 
will  be  able  to  discover  from  the  looks  of  the 
negroes  "  if  they  are  well-treated  and  fed."  The 
letter  continues  :  **  I  really  believe  Sears  is  honest 
and  sober,  two  very  essential  qualities  in  overseers. 
He  is  industrious,  though  he  has  not  so  much  judg- 
ment in  farming  as  I  could  wish ;  non  ego  paucis 
offendor  macules;  ille  optimiis  est,  qui  minimis 
urgetur — this  sentiment  of  Horace  may  be  applied 
to  overseers  as  well  as  poets."  A  little  later  Charles 
Carroll  writes  again  of  Sears,  telling  Mr.  Harper 
to  be  on  his  guard  as  to  the  accusations  against  him, 
as  "  several  are  seeking  his  place  who  are  not  trust- 
worthy." He  wants  the  case  minutely  investigated, 
however,  in  case  any  of  the  charges  are  true.  But 
he  does  not  wish  to  trust  his  wines  and  other  valu- 
able property  to  a  new  overseer,  as  it  would  be  dif- 
ficult, at  this  season,  to  find  a  good  one. 

He  finally  decides  from  his  son-in-law's  report 
that  "  things  are  not  as  they  should  be."  But  he 
does  not  want  the  negroes  to  be  confronted  with 
Sears,  "  such  an  examination  will  be  productive 
only  of  ill-treatment  of  my  negroes."  The  man 
had  not  managed  the  place  as  well  as  he  should 
have  done :  "  If  I  should  live  to  see  peace,"  is 
Charles  Carroll's  conclusion,  *'  and  then  reside  with 
security  at  Annapolis,  I  will  endeavor  to  correct 
the    abuses    of     Sears    and    make    him    a    better 


fii 


.  I'l 


)     .it 


■■  I '  g 


•  :f 


'  I 


!■  >i: 


302         Charles  Carroll  of  Carrollton. 

manager."  Should  he  not  succeed  he  will  look  out 
for  an  overseer  who  understands  farming,  and  the 
management  of  stock,  in  which  he  thinks  Sears 
deficient.  Of  the  prospects  for  peace,  Charles  Car- 
roll writes  in  this  letter  of  January  16,  1814: 
"  Till  Bonaparte  is  defeated  so  as  to  be  forced  to 
relinquish  all  his  conquests  and  to  make  peace,  or 
what  would  be  more  desirable,  till  death  rids  the 
world  of  the  tyrant,  I  am  persuaded  no  peace  will 
take  place  between  this  country  and  England." 

The  following  letter  to  Robert  Goodloe  Harper, 
then  in  Washington,  treats  of  the  same  all  absorb- 
ing theme  : 

**  Balliniorc,  26th  February,  1814 :  I  have  read  with 
much  pleasure  your  speech  at  Annapolis  ;  you  have 
perspicuously  traced  the  causes  of  our  war  with  Great 
Britain  to  their  real  origin  and  have  exposed  the  dis- 
graceful intrigues  and  falsehoods  of  the  Administration 
by  which  they  have  gradually  led  Congress  to  declare  it. 
If  the  war  party  could  divest  themselves  of  their  hatred 
to  England  and  consider  dispassionately  the  contents  of 
your  address,  I  should  hope  the  perusal  of  it  would  be 
followed  by  happy  consequences.  But  men  blinded  by 
party  spirit  are  not  to  be  cured  by  reason  but  by  suffer- 
ings, and  the  great  mass  of  the  people  have  not  yet  suf- 
fered enough  to  make  them  sick  of  the  war.  The  avarice 
of  money  lenders  will  fill  the  loan,  and  the  large  boun- 
ties the  army,  with  which  when  raised,  the  Administra- 
tion may  be  tempted  to  carry  on  the  war  by  forced  loans 
and  conscriptions.  The  Constitution  will  present  no 
obstacle  to  an  Administration  which  has  already  violated 
it  in  so  many  instances.  Will  a  sense  of  honor,  and  the 
sanctity   of  oaths  restrain   men    from   such   a    wicked 


The  Federal  Capital  Burned.  303 


ok  out 

nd  the 

Sears 

cs  Car- 

1814: 
ced  to 
:ace,  or 
ds  the 
ice  will 

\r 

harper, 
absorb- 


;ad  with 
ou   have 
-h  Great 
I  the  dis- 
stration 
eclare  it. 
hatred 
itents  of 
ould  be 
nded  by 
y  suffer- 
yet  suf- 
avarice 
e  boun- 
ninistra- 
ed  loans 
sent  no 
violated 
and  the 
wicked 


s 


attempt,  who  have  long  sacrificed  every  honest  principle 
to  the  love  of  power  ? 

Our  friend  Oliver  confidently  expects  peace  between 
this  country  and  England.  I  am  not  so  confident  ;  in- 
deed I  am  inclined  to  believe  the  war  will  be  continued, 
if  continued  between  the  Allies  and  Bonaparte.  The 
haughty  spirit  of  that  man,  I  suspect,  is  not  yet  suffi- 
ciently humbled  to  submit  to  a  peace  dictated  by  his 
enemies,  even  though  that  peace  should  leave  to  France 
a  large  accession  of  territory  and  restore  to  him  his  sail- 
ors and  300,000  veteran  troops.  If  the  offer  of  peace 
and  its  terms  should  be  rejected  by  Bonaparte,  he  must 
act  on  the  defensive,  and  endeavour  to  tire  out  the 
Allies,  gain  time,  generally  favorable  to  the  party  acting 
on  the  defensive,  and  wait  for  events,  which  may  dis- 
unite his  enemies.  Is  the  genius  of  Bonaparte  and  the 
French  nation  suited  to  a  defensive  war  ?  If  the  war 
goes  on,  the  Allies  will  probably  limit  their  operations  to 
expelling  the  French  from  all  their  remaining  conquests 
and  confining  them  to  the  limits  of  the  monarchy  as  held 
by  the  last  of  the  Bourbons.  A  little  time  will  confirm 
the  truth  of  these  speculations,  or  expose  their  emptiness. 
I  have  hazarded  them  as  the  only  topic  I  have  to  write 
about,  and  rather  than  not  to  write  at  all,  I  have,  perhaps, 
exposed  myself  to  the  imputation  of  being  a  short-sighted 
politician."  ' 

In  the  spring  of  18 14,  preparations  were  made  by 
the  British  fleet  under  Admiral  Cockburn,  for  the 
attack  on  Washington  and  Baltimore.  The  British 
land  forces  under  General  Ross  routed  the  Ameri- 
cans at  Bladensburg,  August  24th,  and  occupied  the 
Federal  City,  which  was  then  but  a  very  small  town. 
Its  public  buildings  were  burned  by  the  ruthless 
'  Family  papers,  Mrs.  William  C.  I'ennington. 


in  ill 

1;    ♦ 


304  Charles  Carroll  of  Carrollton. 


;l     A 


,    !, 


F'i 


i    li 


enemy,  though  its  archives  had  been  removed  to  a 
place  of  safety,  and  a  number  of  private  houses  were 
also  destroyed.  The  brilliant  defense  of  Baltimore 
followed  in  September,  Ross  being  killed  at  the  bat- 
tle of  North  Point  on  the  12th,  and  the  British  fleet 
forced  to  turn  back.  Charles  Carroll  of  Carrollton, 
wrote  to  Mr.  Harper,  who  was  then  in  Baltimore, 
from  "  Doughoregan,"  August  25th  : 

"  No  doubt  you  have  seen  Mr.  Smith,  but  I  much 
question  whether  in  the  present  critical  situation  of  this 
State  he  has  been  able  to  dispose  of  my  bank  shares.  I 
have  heard  nothing  more  of  the  enemy  since  your  letter 
to  Kitty,  Drummond,  I  conjecture,  attacked  our  army 
in  Fort  Erie  with  the  expectation  in  case  of  success,  of 
getting  possession  of  our  magazines  at  Buffalo,  for  while 
we  have  the  command  of  Lake  Ontario  the  English  army 
beseiging  Erie  must  be  in  want  of  provisions,  and  this 
want  I  imagine  forced  Drummond  to  hazard  the  storm- 
ing the  position  of  Gaines*  army." 

To  his  son,  Charles  Carroll  wrote  the  same  day : 
"  The  enemy  are  in  possession  of  Washington  ;  it  is 
reported  they  have  destroyed  the  public  buildings 
and  Navy  Yard,  I  hope  the  latter  only.  It  is  thought 
they  will  next  attack  Baltimore.  The  fire  at  Wash- 
ington was  plainly  seen  by  several  of  my  people 
about  ten  o'clock  last  night."  And  he  writes  also 
on  the  26th : 

"  It  is  said  the  enemy  are  on  their  march  from  Wash- 
ington to  Baltimore,  through  the  country,  which  they 
will  probably  reach  in  a  day  or  two.  It  is  probable  that 
a  deputation  from  the  city  will  meet  them  before  they 
enter  the  town,  and  capitulate  on  the  best  terms  they 


•  t 


» :.' 


Conquest  of  Canada  Hopeless.  305 


can  ;  resistance  will  be  fruitless,  and  if  made,  will  only 
cost  the  lives  of  some  valuable  citizens.  It  is  jjiobable 
the  shipping  will  be  destroyed — time,  perhaps  a  few  days, 
will  discover  the  ulterior  operations  of  Lord  Hill.  Un- 
less arrested  by  peace,  he  may  march  to  Philadelphia  ; 
no  effectual  force  will  assemble  in  time  to  oppose  his 
march.  It  is  said  Lord  Hill's  army  observes  the  strictest 
discipline." 

Charles  Carroll  had  come  to  the  conclusion  a  few 
days  later  that  Baltimore  would  not  "  capitulate  "  so 
promptly.  And  he  writes  to  Robert  Goodloe  Har- 
per, August  30th : 

"  Mr.  Gallager  is  much  in  want  of  Dr.  Wharton's  an- 
swer to  the  Catholic  question.  He  is,  1  believe,  writing 
some  strictures  on  Wharton's  performance,  and  has 
written  to  the  bookseller  for  it.  I  send  mv  servant  to 
bring  the  pamphlet  to  Mr.  Gallager,  and  partly  to  know 
what  is  doing  in  Baltimore,  and  if  a  defense  is  beginning 
to  be  organized,  such  as  may,  when  completed,  oppose  a 
successful  resistance  to  the  expected  attack.  Have  you 
any  tidings  of  Lord  Hill,  or  any  estimate  to  be  relied  on 
of  the  forces  come,  or  coming  with  him  ?  Is  young  Mr. 
William  Cooke  in  town  ?  How  is  Mr.  Pinkney  and  Mr. 
Sterrett  ?  I  hope  they  all  will  soon  recover  from  their 
wounds.  Mr.  Gallager  tells  me  a  large  force  is  now  in 
Baltimore,  and  daily  increasing.  He  met  great  numbers 
on  the  road  going  there.  If  Mr.  William  Cooke,  Sr.,  is 
still  at  the  Widow  Sterrett's  I  will  call  and  see  him. 

As  the  conquest  of  Canada  is  now  become  hopeless, 
will  not  Madison  recall  our  regulars  from  the  frontiers  of 
that  province,  at  least  the  greater  part  of  them  ?  When 
the  British  get  the  command  of  Lake  Ontario,  Sacket's 
Harbour  with  our  fleet  must  fall  into  their  hands,  and  the 


VOL.    11  —  20 


i|fc, 


■'I 


I 


V  * 

M 


i*    i 


h       I 


i 


:iM 


306  Charles  Carroll  of  Carrollton. 

garrison  also,  left  to  defend  it.  Is  it  not  time  to  hear 
something  from  Ghent  ?  Tlie  Hritish  Cabinet,  I  fear,  is 
playing  on  Madison  his  own  game,  and  not  very  selicit- 
ous  about  peace  with  this  country.  That  cabinet,  how- 
ever, will  be  taught  by  the  event,  if  the  war  continues, 
as  Madison  has  experienced  to  his  cost,  at  least  of  this 
country,  that  honesty  is  the  best  policy,  and  reconcilia- 
tion better."  ' 

The  crisis  was  over  in  Maryland,  and  Baltimore 
was  saved  from  the  fate  of  Washington,  when  the 
next  letters  that  are  preserved  in  this  series  were 
written,  October  29th,  and  December  4th  ;  too  late 
to  contain  any  mention  of  the  stirring  episode  that 
has  made  of  September  12th  a  State  holiday.  In 
the  letter  to  Robert  Goodloe  Harper  of  the  4th  of 
December,  Charles  Carroll  of  Carrollton  contemplates 
with  equanimity,  in  the  event  of  British  success  at 
New  Orleans,  the  secession  of  the  "  Western  States," 
meaning,  doubtless,  the  states  bordering  on  the  Mis- 
sissippi, and  the  formation  of  "  a  separate  Confed- 
eracy," and  thinks  it  will  be  to  the  advantage  of 
the  "  Union  "  that  remains. 

"  Doughoregan,  4th  December ^  1814 :  I  am  of  your 
opinion  that  the  British  government  is  disposed  to  make 
peace  on  terms  which  our  Administration  ought  to  ac- 
cept ;  but  our  rulers  and  the  heads  of  their  faction  do 
not  want  peace.  They  look  to  a  large  standing  army  to 
continue  themselves  and  party  in  power,  and  to  enforce 
the  collection  of  taxes  by  military  coercion,  and  without 
which  they  will  not  or  cannot  be  paid.      What  event 

*  Family  papers,  Hon.  John  Lee  Carroll  and  Mrs.  \Vm.  C. 
Pennington. 


V-.v  , 


The  Battle  of  New  Orleans,  307 


could  he  more  calamitous  to  this  country  ?  'I'iiis  haneful 
faction  aims  at  a  mililary  despotism  ;  with  no  other  view 
has  it  acted  all  alonj^  in  perfect  concert  with  Bonaparte. 
Our  commissioners  comprehend  perfectly  the  designs  of 
the  Executive,  and  act  in  conformity  to  secret  instruc- 
tions given  to  such  of  them  as  are  most  in  the  confidence 
of  the  President.  I  have  no  doubt  the  Congress  at  Vi- 
enna has  by  its  measures  consolidated  the  pacification  of 
Europe,  and  that  a  long  peace  in  that  part  of  the  world 
will  be  the  result.  About  the  12th  or  13th  instant  I  ex- 
pect to  take  up  my  winter  ([uarters  at  Mr.  Caton's  in 
Baltimore  ;  no  danger,  f  think,  of  an  attack  on  Hallimore 
this  winter,  or  before  the  end  of  March.  I  suspect  the 
ex])edition  which  sailed  from  Plymouth  the  iSth  Sei)tem- 
ber,  must  be  gone  against  New  Orleans.  Should  the 
enemy  succeed,  perhaps  the  Western  States,  partly  by 
force  and  partly  by  advantages  which  the  British  may 
hold  out  to  them,  may  be  induced  to  form  a  separate 
Confederacy.  Their  separation  will  secure  the  union 
of  the  Atlantic  States,  and  form  the  best  security  for 
Canada." 

Harper  liad  been  commissioned  a  brif^adier-gcn- 
cral  of  Maryland  militia,  and  hi.s  father-in-law  wrote 
to  him  from  Baltimore,  December  17th:  "I  hope 
the  Council  will  speedily  appoint  a  Brigadier  General 
resident  in  this  city  that  you  may  not  be  summoned 
here  on  every  groundless  alarm."  He  adds  :  "  It  is 
much  to  be  desired  to  have  a  body  of  regular  troops 
raised  by  the  State  for  its  defence,  but  I  fear  the 
means  will  be  wanting  to  raise  and  pay  a  complete 
number." 

The  war  closed  nominally  by  the  treaty  of  Ghent, 
signed  two  weeks  before  the  actual  conclusion  of 


>.    I 


<; 


p;3  * 


r   ,  > 


i  4,1 


•i  ■ 


Ml 


308  Charles  Carroll  0/  Carrollton. 

hostilities  in  General  Jackson's  victory  at  New  Or- 
leans, January  8,  181 5.  There  was  great  rejoicing 
doubtless  among  both  Democrats  and  Federalists, 
at  the  return  of  peace.  The  latter  party  in  Mary- 
land included  such  prominent  names  as  the  Gilmors, 
Howards,  Olivers,  Sterretts, Smiths,  Bryces, Grahams, 
and  Cookes, '  most  of  them  Charles  Carroll's  intimate 
friends  or  connections,  as  will  be  seen.  In  Decem- 
ber of  this  year,  Charles  Carroll  writes  to  Robert 
Goodloe  Harper,  from  Mr.  Caton's  in  Baltimore, 
giving  a  pleasant  account  of  the  social  festivities 
attendant  upon  the  visit  to  that  city  of  one  of  the 
heroes  of  the  war,  Carroll's  old  friend  "  Capt.  Deca- 
tur," now  risen  to  a  high  rank  : 

**  Commodore  Decatur  and  Mrs.  Decatur  dined  with 
us  yesterday.  Wc  had  a  pretty  large  party,  Genl.  Rob- 
ert Smith,  Mr.  Cobb,  Captain  Spcnce,  Col.  Mercer,  John 
Howard  and  several  others.  Mrs.  Decatur  dines  with 
us  to-day  [December  19th.]  Your  letter  was  read  to 
her.  The  Commodore  is  in  good  health  and  spirits.  He 
dines  with  a  large  party  to-morrow  at  Mrs.  Robert  Smith's. 
The  Governor  did  intend  to  go  to  Annapolis  on  Monday, 
but  has  been  much  indisposed.  I  understand  he  is  now 
much  better." 

In  a  letter  of  a  little  later  date,  Charles  Carroll 
says  :  Commodore  Decatur  and  Mrs.  Decatur  will 
leave  Baltimore  for  Washington  on  Thursday  ;  every 
attention  has  been  paid  to  them  during  their  stay."' 
The  following  letters  were  written  by  Charles  Carroll 
of  Carrollton  to  General  Harper  while  the  latter  was 
ittending  Congress,  in  1816: 

'  Carey's  "  Olive  Branch,"  Preface  to  First  Edition. 
-  Family  papers,  Mrs.  William  C.  Pennington. 


*  v.. 


Is  opposed  to  Slate  Banks. 


309 


"  Baltimon\  2jrd  February  1S16 ;  Shoultl  the  hill 
limitinji  the  direct  tax  to  one  year  pass  the  Senate,  it  is 
to  be  ipprehended  that  the  House  of  Representatives 
will  refuse  at  the  next  session  to  originate  another  bill 
for  laying  that  tax.  What  then  will  become  of  public 
credit  if  permanent  taxes  erpially  productive  cannot  or 
will  not  be  substituted  ?  If  such  <:ould  be  imposed, 
operating  eipially,  as  far  as  is  practicable,  they  would, 
perhaps,  be  preferable  to  the  land  tax,  the  collection  of 
which  will  be  exi)ensive  and  difficult.  If  I  am  correctly 
informed  a  considerable  proportion  of  the  direct  tax 
laid  in  Adams'  Administration  remains  unpaid  in  several 
of  the  Southern  States.  If  a  national  bank  on  some 
sound  principles  should  not  [)ass,  how  is  the  present 
confusion  in  our  monied  concerns  to  be  remedied,  and 
the  taxes  collected  ?  The  States  will  go  on  incorporating 
banks,  and  this  country  will  be  deluged  with  a  paper 
medium  of  no  more  value  than  the  old  Continental  cur- 
rency in  its  lowest  stage  of  depreciation.  Strange  and 
most  fraudulent  expenditures  of  the  revenue,  it  is  re- 
ported have  taken  place  in  some  of  the  public  departments. 
If  this  report  be  true,  will  not  an  investigation  of  these 
abuses  be  set  on  foot  by  Congress  ?  Has  Mr.  Gallatin 
declined  his  mission  to  France  ? " 

"  ^J>rt7  lyth :  I  have  read  with  pleasure  your  speech 
on  the  late  resolutions  moved  by  you  in  the  Senate,  It 
seems  Mr.  King  spoke  with  asperity  against  the  practice 
of  impressing  American  seamen  ;  no  doubt  it  was  and 
ever  will  be  abused,  but  how  can  it  be  prevented  but  by 
a  law  excluding  foreign  seamen  from  our  public  and  pri- 
vate vessels  ?  Even  a  law  will  not  be  effectual  without 
proper  provisions  to  be  executed  under  the  inspection  of 
consuls  of  foreign  powers  in  our  principal  seajjorts.  Un- 
less a  prohibition  sanctioned  by  an  act  of  Parliament  and 
of  Congress,  perfectly  reciprocal  takes  place,  and  is  exe- 


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3 1  o  Charles  Carroll  of  Carrollton. 

cuted  on  both  sides  with  good  faith,  to  exclude  from 
British  vessels  of  war  and  merchantmen  American  sea- 
men, and  vice  versa  British  seamen  from  our  vessels, 
public  and  private,  the  practice  of  impressment  so  injuri- 
ous and  justly  complained  of,  will  most  certainly  lead  to 
war  in  the  course  of  years,  between  the  two  countries. 
War  I  consider  as  a  great  calamity,  and  having  a  stronger 
influence  in  corrupting  the  morals  of  a  nation  even  than 
a  long  peace,  and  therefore  most  weigl/y  and  just  should 
be  the  cause  to  justify  engaging  in  it ;  I  think  with  Cicero, 
nulluvibellumjustum^nisi  necessariiim.  .  .  .  Again,  a  few 
thoughts  on  war  and  its  causes  ;  they  are  frequently  con- 
cealed from  the  public,  springing  more  from  low  in- 
trigues, antipathies,  ambition  of  individuals,  and  plausible 
pretences  of  violated  national  honor,  than  from  the  os- 
tensible and  alleged  reasons  and  topics  set  forth  in 
declarations.  Collisions  of  interest  and  real  grounds  of 
quarrel,  will,  no  doubt,  sometimes  arise,  especially  be- 
tween maritime  and  commercial  nations  envious  and 
jealous  of  each  other.  But  if  rulers  were  wise  they 
would,  at  least  ought,  to  resort  before  the  sword  is  drawn, 
to  pacific  negotiations,  carried  on  with  good  faith,  free 
from  irritation  and  in  the  spirit  of  peace,  avoiding  hatred 
and  mutual  reproaches.  Such  are  my  sentiments  :  si  quid 
novistri  rectiiis  istis  candidus  impcsti,  si  non,  his  utere  me- 
cune."  * 

In  July,  General  and  Mrs.  Harper  were  at  the  Ball- 
ston  Springs  in  New  York,  and  in  writing  to  the 
former  Charles  Carroll  sends  messages  to  his  friends 
in  that  State.  He  is  "  glad  to  hear  that  Mrs.  Morris 
is  well  and  happy  "  and  wishes  to  be  remembered 
to  llr.  Morris,  Mr.  Gracie  and  Mr.  King;  "for  all 

'  nu. 


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Portrait  Painted  by  Kinj. 


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those  gentlemen  I  feel  a  very  sincere  regard,"  he 
adds.  Charles  Carroll  allude«5  to  the  recent  death  of 
Gouverneur  Morris  in  a  letter  of  November  2ist: 
"  Is  it  known  what  disorder  carried  off  Mr.  Gouver- 
neur Morris?  His  death  is  a  public  loss;  in  him 
the  United  States  have  lost  a  citizen  of  great  abili- 
ties. Being  an  old  acquaintance  which  commenced 
in  difificult  times,  T  regret  sincerely  his  death." 
Though  the  war  was  over  the  Federalist  statesman 
still  had  causes  of  complaint  against  the  Democratic 
Administration,  and  he  writes  in  ihe  fall  of  l8i6: 
"  I  say  nothing  of  politics,  indeed  I  hate  to  think  of 
them,  for  in  viewing  the  general  complexion  and 
temper  of  these  United  States,  I  see  nothing  to  con- 
sole but  much  to  alarm  me  for  the  present  and  future 
welfare  of  my  country ;  this  despondency  is  not  the 
effect  of  this  gloomy  weather  but  of  serious  reflec- 
tion." • 

Charles  Carroll  of  Carrollton  had  written  to 
King  the  artist  in  August ;  telling  him  that  he 
would  be  in  Baltimore  about  the  20th  of  December, 
to  remain  there  during  the  winter,  and  would  sit  for 
his  picfcur"  '  'hich  had  been  requested  by  Joseph 
Dckpl^j'ne  for  "The  Repository"  a  collection  of 
biograrjhfcal  sketches  Delaplaine  was  editing.  This 
gen ck  nun  had  asked  Charles  C.  '^  for  some  facts 
of  his  life,  and  the  latter  responded  in  an  interesting 
letter  giving  briefly  an  accoun*.  of  his  education 
abroad,  and  his  public  services  in  America.  He 
states : 

"On  the  breaking  -^ut  of  oar  Revolution  I  took  a  de- 

«   raid. 


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3 1 2  Charles  Carroll  of  Carrollton. 


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cided  part  in  support  of  the  rights  of  this  country  ;  was 
elected  a  member  of  the  Committee  of  Safety  established 
by  the  Legislature,  was  a  member  of  the  Convention 
which  formed  the  Constitution  of  this  State.  The  jour- 
nals of  Congress  will  show  how  long  I  was  a  member  c^ 
that  body  during  the  Revolution.  With  Dr.  Franklin 
and  Mr.  Samuel  Chase,  I  was  appointed  a  commissioner 
to  Canada.  I  was  elected  a  member  of  the  Senate  at  the 
first  session  of  Congress  under  the  present  Confederation  : 
though  well  acquainted  with  General  Washington,  and  J 
flatter  myself  in  his  confidence, — few  letters  passed  ut, 
tween  us  ;  one,  having  reference  to  the  opposition  m-uL; 
to  the  treaty  concluded  by  Mr.  Jay,  has  been  repeatedly 
published  in  the  newspapers,  and  perhaps  you  may  have 
seen  it ;  that  letter  is  no  longer  in  my  possession."  ' 

Mr.  Delaplaine  had  asked  Charles  Carroll  ab«:^ut 
his  correspondence  with  General  Washington.  "  The 
Repository,  Lives  and  Portraits  of  Distinguished 
Americans,"  published  in  Philadelphia  in  i8i6  and 
i8i8,  was  never  completed  as  originally  designed, 
and  the  Carroll  sketch  never  saw  the  light. 

Inquiries  were  also  made  of   Charles  Carroll,  in 
1817,   as   to   his   part    in 
formed   the    Constitution 
reply  is  as  follows  : 

Baltimore,  29th  December,  1817. 
Dear  Sir  :  I  was  one  of  the  committee  that  framed 
the  constitution  of  this,  State  and  the  mode  of  chusing 
the  Senate  was  suggested  by  me  ;  no  objection  was  made 
to  it  in  the  committee,  as  I  remember,  except  by  Mr. 
Johnson,  who  disliked  the  Senate's  filling  up  the  vacan- 

'  Maryland  Historical  Society's  "  Centennial  Memorial,"  tCjO,  p. 
106. 


"  the   Convention   which 
"   of    Maryland   and   his 


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Letter  to  Virgil  Maxcy. 


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cies  in  their  own  body.  I  replied  that  if  the  mode  of 
chusing  Senators  by  Electors  were  deemed  eligible  the 
filling  up  vacancies  in  that  body  was  inevitable  as  the 
electors  could  not  be  convened  to  make  choice  of  a 
Senator  on  every  vacancy  and  that  the  Senate  acting 
under  the  sanction  of  an  oath,  and  Z'  esprit  du  corps, 
would  insure  the  election  of  the  fittest  men  for  that  sta- 
tion, nor  do  I  recollect  while  I  was  in  the  Senate,  that  the 
power  intrusted  to  it  in  this  instance  was  ever  abused  or 
perverted  to  party  views. 

I  do  not  remember  at  this  distance  of  time  whether 
this  part  of  the  committee's  report  was  objected  to  in  the 
convention,  nor  any  report  of  its  debates  and  proceed- 
ings other  than  what  is  to  be  found  in  Hanson's  edition 
of  the  laws,  nor  what  was  the  understanding  of  that  body 
respecting  the  right  of  the  Governor  of  nomination  to 
the  council.  I  have  answered  your  several  questions  to 
the  best  of  my  recollection,  my  answers  I  fear  will  throw 
no  new  light  on  the  subject  ;  that  the  manner  of  electing 
Senators  was  approved  by  the  experience  of  many  years 
and  that  no  inconvenience  resulted  from  the  Senate's 
filling  up  vacancies  cannot  I  think  be  denied.  When 
parties  run  high  the  best  institutions  afford  but  a  feeble 
defence  against  the  passions  of  interested  or  deluded 
men,  party  spirit  seems  to  be  abated,  and  to  have  lost 
much  of  its  virulence,  whether  it  will  be  prudent  in  this 
state  of  things  to  alter  the  mode  of  electing  the  Senate 
I  leave  to  your  better  Judgment.  I  am,  with  sincere 
regard.  Dear  Sir, 

Yr.  most  hum.  Servt. 
Ch.  Carroll  of  Carrollton. 

To  Virgil  Maxcy.     [West  River,  Md.]  ' 

'  MS  :  Letter,  Mr.  Worthington  C.  Ford. 


»    i. 


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3 1 4  Charles  Carroll  of  CarrolUon. 

The  Caton  sisters,  Mary,  Mrs.  Robert  Patterson, 
whose  husband  was  a  brother  of  Madame  Jerome 
Bonaparte,  Eh'zabeth  and  Louisa  Caton  were  in 
Europe  at  this  time.  And  on  March  ist,  1817, 
Louisa  was  married  to  Col.  Sir  Felton  Bathurst 
Hervey,  who  had  fought  under  Wellington  in  Spain, 
and  was  his  aide-de-camp  at  Waterloo.  And  an 
interesting  letter  has  been  published  within  recent 
yeai  written  to  Chailes  Carroll  of  Carrollton  by 
Col.  .:y,   at   the  request  of   his  wife's   grand- 

father, i  'ribing  the  battle  of  Waterloo.'  Allu- 
sion is  made  to  this  letter  in  the  correspondence 
with  General  Harper.  Charles  Carroll  was  sending 
his  grandsons  abroad  in  these  years,  to  be  educated. 
And  he  makes  careful  inquiries  in  advance.  Mary 
Harper  was  sent  over  to  France,  under  the  care 
of  Mr.  Gallatin,  in  18 16,  to  a  school  in  Poitiers, 
where  she  will  be  "  more  piously  educated  than  in 
the  very  best  boarding-school  in  Philadelphia." 
And  the  affectionate  grandfather  writes  tenderly : 
"  A  kind  Providence,  I  hope,  will  guard  my  dear 
granddaughter  and  restore  her  to  you  both  in  good 
health,  pious  and  improved  in  all  those  qualities 
which  render  women  amiable  and  estimable.  It  is 
probable  I  shall  not  see  the  dear  girl  before  her 
departure,  and  may  not  live  to  see  her  return.  Kiss 
her  for  me.  I  send  her  my  love  and  blessing."  This 
young  girl,  it  appears,  died  while  abroad. 

Charles  Carroll  wanted  the  two  boys,  young 
Carroll  and  young  Harper  to  be  educated  together, 

'  LittelVs  Living  Age,    April   29th,  1893,  from    The  Nineteenth 
Century  ;  MS  :  at  Hornby  Castle,  England. 


The  Harpers  in  Europe. 


315 


and  he  thought  first  of  Cambridge,  but  there  were 
objections  to  the  English  University,  "  too  many 
and  too  long  vacations."  On  tlie  21st  of  February, 
18 17,  he  wrote  from  Annapolis  to  General  Harper 
who  was  then  in  Washington  : 

"  The  enclosed  letter  I  beg  you  to  deliver  to  the 
French  minister  with  my  respects,  and  request  to  him 
to  forward  it  to  Paris  by  the  first  opportunity.  The 
purport  of  the  letter  is  to  request  Mr.  Perigny  to  give 
me  his  opinion  as  to  the  education  of  youth  in  France, 
and  where  morals  are  most  attended  to,  and  the  best 
education  can  be  obtained,  in  Paris  or  in  the  provinces, 
and  in  which  of  them.  Should  he  prefer  a  Parisian 
education  would  he  advise  me  to  fix  my  grandson  Charles 
Carroll,  the  expenses  of  board  and  tuition,  and  of  being 
taught  dancing,  fencing,  music  and  drawing.  Uncertain 
of  Mr.  Perigny's  residence,  I  have  addressed  the  letter 
to  Julius  de  Menon." 

Mrs.  Harper's  health  failing  in  1818,  she  sailed 
with  her  husband  to  England,  for  the  benefit  u." 
the  sea  voyage  and  a  change  of  climate  ;  and  the 
following  letters  from  Charles  Carroll  of  Carrollton 
to  his  son-in-law,  tell  something  about  himself,  as 
well  as  about  the  travellers  across  the  sea. 

"  Doug/ioregan,  26th  J^uly,  1818 :  I  received  yester- 
day your  letter  of  the  loth  of  June  from  Liverpool.  I 
hope  you  will  find  Mrs.  Hervey  and  Betsy  and  the  boys 
at  Paris  in  good  health,  and  the  latter  much  improved. 
I  send  them  my  love  and  blessing.  Betsy  undoubtedly 
will  not  miss  so  good  an  opportunity  of  returning  home 
with  you  and  her  aunt.  Mr.  and  Mrs.  Bagot  favored  me 
with  a  short  visit.    We  have  had  some  excessive  hot  days 


!     .  \% 


3 1 6  Charles  Carroll  of  Carrolllon, 


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unfortunately  while  my  amiable  and  distinguished  visit- 
ors were  here.  The  more  I  see  of  them  the  more  I  like 
them  ;  they  grow  upon  acquaintance. 

"  When  you  see  Julius  assure  him  I  have  a  sincere  re- 
gard for  him.  Remember  me  also  to  his  mother  and  her 
sister  Madame  Le  Peltier.  You  will  ceriainly  take  Cam- 
bray  in  your  way.  The  boys  are  to  spend  their  vacation 
with  Mrs.  Hervey.  No  doubt  you  will  see  the  Duk'^  of 
Wellington  and  Col.  Hervey.  From  Mrs.  Patterson's 
account  of  the  Duke  there  cannot  be  a  more  friendly  and 
amio'i^ ;  man  ;  and  all  who  know  Hervey  love  him.  I 
suppose  you  will  pay  Mr.  Cooke  a  visit.  His  character 
and  great  tenderness  to  Mrs.  Harper's  nieces  entitle  him 
to  e.  :ry  actention  from  every  part  of  our  family." 

^^  August  2Sth  :  [Thanks  him  for  the  letter  of  21st  of 
June.]  .  .  .  very  interesting  and  satisfactory  from  the 
description  of  the  country  and  gentlemen's  seats  which 
you  visited.  Lord  Grovenor  must  have  a  revenue  ex- 
ceeding ;^55,ooo  sterling,  or  must  have  incurred  a  con- 
siderable debt  by  expending  ^^400,000  in  building  at  the 
rate  of  ^^40,000  a  year  in  ten  years.  I  should  suppose 
his  style  of  living  could  not  fall  short  of  ;;i£'i5,ooo  pr. 
year.  Betsy,  I  confidently  hope,  will  return  home  with 
you.  Present  my  kind  respects  to  Col.  Hervey.  I  have 
answered  his  obliging  letter  giving  an  account  of  the 
battle  of  Waterloo." 

''^November  3rd:  Kind  respects  to  Count  de  Menon 
and  Mr.  and  Mrs.  Dunlevy.  Assure  [Kitty]  of  my  ten- 
derest  affection  and  ardent  desire  for  her  return.  Your 
dear  little  Robert  enjoys  excellent  health  and  an  abun- 
dant flow  of  spirits.  He  really  is  a  charming  child  and 
most  endearing.  The  distinguished  reception  you  have 
received  from  the  Duke  of  Wellington  and  Woronsoff 
could  not  fail  of  giving  you  much  pleasure.     The  re- 


•    i! 


(. 


Story  of  the  Morancy  Brothers.  3 1 7 


^  YA 


views  of  troops  must  have  been  most  amusing,  and  trav- 
elling must  have  contributed  to  your  health.  That  you 
may  long  enjoy  it  is  the  sincere  wish,"  etc' 

The  French  friends  mentioned  by  Charles  Carroll 
of  Carrollton  in  these  letters  had  probably  al'  been 
among  the  refugees  who  had  come  to  the  United 
States  during  the  Reign  of  Terro'  in  France  ;  such 
at  least  was  the  case  with  Madame  Le  Peltier,  whose 
maiden  name  was  Perigny  and  v/ho  was  doubtless  a 
sister  of  the  Rev.  Mr.  Perigny,  then  living  in  Paris, 
the  former  chaplain  at  the  Manor,  and  she  was  asso- 
ciated with  Charles  Carroll  in  an  act  of  benevolence 
in  connection  with  some  of  the  St.  Domingo  exiles 
which  may  here  be  related. 

Among  the  French  families  of  means  and  social 
position  living  on  that  island  at  the  time  of  the 
Revolution  in  St.  Domingo  was  that  of  Jean  Fran- 
cois Morancy,  consisting  of  himself,  his  wife,  and 
three  children.  They  lived  near  the  town  of  Aux 
Cayes,  to  which  place  they  fled  from  their  planta- 
tion home  to  avoid  the  insurgent  negroes.  Here 
Madame  Morancy  died  of  yellow  fever.  Soon  after 
came  the  fearful  massacre  of  the  whites  by  the 
slaves ;  Mr.  Morancy,  his  brother,  and  the  brother 
of  his  wife  were  all  among  the  slain.  The  three 
helpless  children,  Victoire,  Honore  Pierre,  and 
Emile,  aged  thirteen,  ten,  and  five,  were  saved  by 
their  nurse,  who  carried  them  to  the  United  States, 
where  they  landed  at  Charleston,  South  Carolina. 
Pierre  recalled  in  after  years  the  terror  and  agony 
of  the  flight,  the  hurried  drive  in  a  close  carriage 

'  Family  papers,  Mrs.  William  C,  Pennington. 


\   i    \ 


V  tf 


3 1 8  Charles  Carroll  of  Carrolllon. 


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through  the  blood-stained  streets  to  the  ship  which 
took  them  away,  three  lonely,  destitute  orphans. 
There  were  others  escaping  at  the  same  time  who 
knew  this  family,  and  acquainted  the  French  consul 
in  Baltimore  with  their  situation. 

Victoire  and  the  little  Emilc  were  adopted  by 
Madame  Le  Peltier,  who  was  then  supporting  her- 
self by  teaching,  but  the  young  girl  finally  went 
to  live  with  relatives  in  the  West  Indies.  Honore 
Pierre  and  Emile  remained  in  America,  and  the  edu- 
cation of  Emile  was  provided  for  on  the  return  of 
his  benefactress  to  France,  by  Charles  Carroll  of  Car- 
rollton.  In  gratitude  to  Madame  Le  Peltier,  Hon- 
ore Pierre's  name  was  changed  to  Honore  Pcrigny. 
He  became  a  teacher  of  languages,  after  his  educa- 
tion was  finished,  until  his  marriage  in  i8i8,  to  a 
lady  of  some  fortune  in  Louisiana.  Pierre  lived 
with  Mrs.  Harper  for  some  time,  and  was  intimate 
with  Charles  Carroll's  grandsons,  corresponding  with 
them  while  they  were  at  school  in  Paris,  and  at  col- 
lege on  their  return  to  America.  He  became  a  phy- 
sician, living  also  in  Louisiana,  and  his  son  and 
grand  .jn  bore  the  name  of  Charles  Carroll  Morancy, 
in  grateful  remembrance  of  the  benefactor  of  the 
family,  Charles  Carroll  of  Carrollton.  Many  letters 
from  Charles  Carroll  to  the  Morancy  brothers  were 
among  their  cherished  possessions  and  descended 
to  their  children,  but  were  lost  in  the  havoc  of  the 
war  between  the  States.' 

'  Data  furnished  by  a  descendant  of  Pierre  Morancy. 


»v 


CHAPTER  IX. 

THE   LAST  OF  TIIK  SIGNKKS. 
1 820-1832. 

THE  year  1820  is  memorable  as  the  year  when 
Missouri  was  admitted  into  the  Union,  when 
"the  South  reluctantly  submitted  to  the  so-called 
*  compromise'  proposed  by  Henry  Clay;  the  first  of 
a  long  series  of  compromises  in  all  of  which  the 
South  purchased  over  again  what  was  already  hers, 
while  all  in  the  North  took  credit  for  generosity  or 
complained  of  wrong,  because  she,  [the  North], 
yielded  to  her  partner  some  small  fraction  of  equal 
privilege  and  common  property,  arrogating  the  rest 
to  herself."'  The  "compromises"  came  to  an  end 
in  1861,  and  descendants  of  Charles  Carroll  of  Car- 
rollton,  among  other  gallant  Marylanders,  took  up 
arms  for  the  rights  of  the  South  in  the  war  that  en- 
sued, for  the  principles  expounded  in  the  immortal 
Declaration  of  Independence  which  their  ancestor 
had  signed.  Charles  Carroll,  however,  saw  not  the 
signs  of  the  times,  it  would  appear,  from  his  political 

*"  History  of  the  United  States,"  by  Percy  Greg,  American  Edi- 
tion, vol.  i.,  p.  324. 

319 


(, 


,f 


320  Charles  Carroll  of  Carrollion, 


fffl.'  4 


pi''  i 


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7 


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i  •; 


allusions  in  the  letters  to  Robert  Goodloe  Harper 
written  at  this  period  : 

"  Annapolis,  lyth  February  1820 :  Mr.  Bullet  who 
heard  Mr.  King's  speech  Friday  last  was  disappointed.  He 
thought  it  defective  in  argument,  declamatory  and  in- 
flammatory. Economy  is  said  to  be  the  order  of  the  day 
at  Washington  ;  such  a  waste  of  time  on  the  Missouri 
question  is  certainly  incompatible  with  that  order.  The 
ardor  and  perseverance  with  which  the  debate  is  pursued 
give  room  to  suspect  that  something  else  than  the  exclu- 
sion of  slaves  from  the  Missouri  State  is  at  the  bottom. 
Will  a  bankrupt  law  be  passed  this  session  ?  Is  there 
any  chance  of  getting  an  act  to  compel  the  purchasers  of 
lands  in  the  western  country  to  pay  ready  money  for 
them  ?  Will  any  measures  be  adopted  by  Congress  to 
prevent  abuses,  such  as  have  been  committed  by  the 
president,  cashier,  and  other  officers  in  the  office  of  Dis- 
count and  Deposit  in  Baltimore  ?  These  matters  are 
certainly  of  more  importance  to  the  Union  than  the 
Missouri  question.  The  opinion  of  all  acquainted  with 
banking  is  that  a  good  direction  cannot  be  insured  with- 
out giving  every  share  a  vote.  I  hope  Mrs.  Decatur's 
party  was  fully  attended,  and  I  doubt  not  great  elegance 
and  taste  were  displayed  by  the  mistress  of  the  mansion, 
to  whom  and  to  the  Commodore  I  desire  to  be  kindly 
remembered,  Mr.  and  Mrs.  McTavish  intend  to  pay 
them  a  visit  as  soon  as  the  road  gets  settled," 

"  Aj>rt7  igth  :  The  brig  on  board  of  which  Mr.  and 
Mrs.  Patterson  have  taken  their  passage  has  passed 
Annapolis  and  is  nearly  out  of  sight.  I  write  this  half 
hour  past  four  o'clock. 

'*  April  2jrd :  Mr.  Walsh  has  sent  me  four  of  the  Na- 
tional Gazettes,  no  doubt  with    the   expectation    that  I 


'!^UI 


The  Missouri  Compromise,  321 


Na- 
hat  I 


should  become  a  subscriber.  That  the  Gazette  will  be 
ably  conducted,  and  contain  many  interesting  disserta- 
tions and  essays,  the  talents  of  Mr.  Walsh  are  a  sufficient 
guarantee  ;  but  why  keep  alive  the  question  of  slavery  ? 
It  is  admitted  by  all  to  be  a  great  evil  ;  let  an  effectual 
mode  of  getting  rid  of  it  be  pointed  out,  or  let  the  ques- 
tion sleep  forever  ;  the  compromise  will  prevent  the  ex- 
tension of  slavery  beyond  36  degrees  north  and  west  of 
the  Missouri.  It  appears  from  the  latest  accounts  from 
Madrid  that  Ferdinand  has  proclaimed  his  adherence  to 
the  Constitution  made  by  the  Cortes,  1812.  Is  that  the 
last  Constitution  ?  If  it  be  many  alterations  must  be 
made  to  render  it  durable."  ' 

Emily  Caton  had  married  John  McTavish  a  Scotch 
gentleman,  who  had  removed  to  Canada  and  was 
sent  as  consul  to  the  port  of  Baltimore.  After  his 
marriage  Mr.  McTavish  made  his  home  in  Maryland. 

In  one  of  Charles  Carroll's  letters  written  in  April, 
1820,  he  refers  to  several  tracts  of  land  he  owned 
"  on  Sugar  and  Pine  Creeks  in  Pennsylvania,"  which 
he  has  devised  to  his  two  daughters,  and  the  four 
daughters  of  his  son,  Charles  Carroll,  Jr.  It  seems 
that  Charles  Carroll  of  Carrollton  owned,  "  in  various 
parts  of  Pennsylvania,  27,691  acres  of  land,  part  of 
which  lay  in  Bradford  County."' 

The  death  of  Decatur  in  a  duel  v  ♦i  Commodore 
Barron  took  place  March  22d,  1820,  and  the  grief- 
stricken  widow  was  staying  with  her  friends  in 
Annapolis  in  May.  Charles  Carroll  writes  on  the 
loth:  "Mrs.  Decatur  continues  much  in  the  same 

•  Family  papers,  Mrs.  William  C.  Pennington. 
'Charles  Carroll  of  Carrollton,    p.   15,   Rev.  Horace  E.  Hayden. 
See  also  Appendix,  Will  of  Charles  Carroll. 

VOL.  II— 21 


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322  Charles  Carroll  of  Carrollton, 

state  as  when  you  left  us.  She  cannot  be  prevailed 
on  to  go  out  in  the  carriage,  or  even  to  walk  in  the 
garden  ;  she  eats  little  and  slee[)s  little."  H'^  was  at 
"  Doughoregan  "  soon  after,  where   Mrs.  C.  and 

Mrs.  Decatur  join  him  June  3d  ;  "the  exercise  and 
change  of  air,"  he  says,  "  has  greatly  benefited  Mrs. 
Decatur,  her  spirits  are  more  composed,  she  dines 
with  us  and  converses  more."  Of  his  business  affairs 
and  the  stringency  of  the  times,  Charles  Carroll 
writes,  in  connection  with  banks  and  banking: 

"  The  Congress  has  passed  an  act  in  relation  to  the 
banks  in  the  district  of  Columbia.  I  am  considerably 
interested  in  the  Bank  of  Columbia,  holding  236  shares. 
It  is  very  uncertain  whether  the  Bank  of  the  ^Jnited 
States  will  make  a  dividend  next  month.  I  r(  e  no 
money  but  from  bank  dividends,  and  these  \\\^^  cap- 
plied  to  the  annuities  of  my  children.  Upwards  of 
$3,000  are  due  to  me  in  Baltimore  for  rents  which  cannot 
be  collected,  or  are  not ;  large  sums  are  due  for  interest, 
which  the  debtors  give  themselves  no  concern  about." 

The  latest  foreign  news  receives  attention  in  a 
letter  dated  July  25th  : 

"  I  got  by  the  stage  this  morning  Monday's  Gazette.  I 
find  the  Queen  has  arrived  in  England  ;  I  suspect  her 
coming  was  encouraged  by  the  Opposition  to  perplex  the 
ministry.  These  men  want  to  be  ministers  ;  a  station  in 
the  present  situation  of  England,  in  my  opinion,  no  ways 
desirable.  Subjects  of  discomfort  enough  exist  without 
adding  to  them  the  embarrassment  which  the  Queen's 
arrival  will  occasion,  and  the  riots  it  has  already  excited, 
and  probably  will  excite  still  greater."  ' 

'  P'amily  papers,  Mrs.  William  C.  Pennington. 


Mr.  Bagot  and  M.  dc  Ncnville,         323 

With  his  family  about  him,  children  and  grand- 
children, and  interesting;  company  staying  in  the 
house,  the  summers  at  "  Dou«;horcg;in  Manor"  in 
these  years,  were  seasons  to  Charles  Carroll  oj  social 
and  domestic  pleasure,  agreeable  to  contemplate. 
Among  his  visitors,  in  i8i!i,  as  we  have  seen,  were 
the  British  Minister,  Mr,  Bagot  and  his  wife.  The 
former  is  described  at  this  time  as  "about  35,  tall, 
elegant,  and  rather  graceful  in  person,  countenance 
open  and  ingenuous,  English  complexion,  and  eyes 
mild  though  dark.  He  has  thrown  aside  English  re- 
serve and  hauteur,  and  attends  to  all  with  equal 
courtesy,"  '  says  this  writer. 

And  Watterston  gives  a  pen-portrait  of  another 
distinguished  foreigner,  who  had  lived  many  years  in 
the  United  States,  having  left  France  to  escape  Na- 
poleon's tyranny,  and  who  was  also  a  friend  of  Charles 
Carroll  of  CarroUton's  and  a  visitor  at  the  Manor. 
This  was  the  French  Minister,  Mons.  Hyde  de  Neu- 
ville,  a  "  fat,  portly  gentleman,  with  a  broad  chest,  big 
head,  and  short  neck.  He  is  full  of  Bourbon  import- 
ance and  I  French  vivacity,  has  petit  soupers  every 
Saturday  evening  during  the  winter,  and  spends  his 
summer  at  the  springs,  or  his  country  residence,  in 
extolling  the  virtues  of  his  beloved  Louis  le  destroy  ' 
He  and  his  wife  Madame  de  Neu\'ille  gave  an  ele- 
gant entertainment  on  the  birthnight  of  the  Duch- 
esse  d'  Angouleme,  in  December,  1817. 

Adam    Hodgson,   an    Englishman    travelling   in 

'  "  Letters  from  Wasliington,  by  a  Foreigner  "  [George  Watterston, 
Librarian  of  Congress],  i8l8. 
'  Ibid. 


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324  Charles  Carroll  of  Carrollton. 

America  in  1820,  has  left  on  record  a  detailed  ac- 
count of  a  visit  to  "  Doughoregan  Manor  "  in  July 
of  this  year  which  brings  vividly  to  view  the  house- 
hold and  its  guests,  r-'d  the  genial,  courteous  host. 
Writing  from  Baltr   ore,  July  13th,  he  says  : 

"  I  have  lately  been  paying  some  very  agreeable  visits 
at  the  country-seats  of  some  of  my  acquaintances  in  the 
neighborhood.  .  .  .  The  other  morning  I  set  out,  at  four 
o'clock,  with  General  H  [arper  ?]  on  a  visit  to  a  most 
agreeable  family,  who  reside  on  a  large  Manor,  about 
seventeen  miles  distant.  We  arrived  about  seven  o'clock 
and  the  family  soon  afterwards  assembled  to  breakfast. 
It  consisted  of  several  friends  from  France,  Canada,  and 
Washington  and  of  the  children  and  grandchildren  of  my 
host,  a  venerable  patriarch,  nearly  eighty-five  [eighty- 
three]  years  of  age,  and  one  of  the  four  survivors  of  those 
who  signed  the  Declaration  of  Independence.  The  house, 
situated  in  an  extensive  manor,  is  a  large,  unpretending 
mansion,  and  the  whole  domestic  economy  is  substantially 
English.  After  breakfast  Mr.  C.  retired  to  his  study,  and 
General  H  [arper  ?]  conducted  me  to  my  room,  where  I 
read  the  Edinburgh  Review  till  nearly  dinner  time,  the 
weather  being  too  hot  for  exercise,  and  each  person  be- 
ing left  to  his  own  pursuits.  The  family  portraits  in  the 
dining-room,  comprised  two  or  three  generations,  in  their 
appropriate  costume  ;  and  among  others,  was  one  of  Mr. 
C.  himself,  painted,  as  he  told  me,  by  Sir  Joshua  Reyn- 
olds, more  than  sixty  years  since. 

"  In  the  cool  of  the  evening  three  ponies  were  brought 
out  for  the  children,  who  had  been  anticipating  their 
evening  ride  all  day  with  great  glee.  As  the  General 
rode  with  them,  leading  the  ponies  of  the  little  girls  with 
long  reins,  I  was  reminded  with  feelings  of  a  melancholy 


^ 


.\^ 


Life  at  '^Doughoregan  Manor y        325 

pleasure,  o*"  '  days  that  must  return  no  more.*  It  was  a 
beautiful  night,  and  we  sat,  talking  in  the  porch,  till  a 
late  hour,  admiring  the  brilliant  stars.    General  H's  travels 

on  the  Continent,  Mr.  's  residence  in  Canada,  the 

Count's  budget  of  news  from  France,  and  my  Indian  tour, 
furnished  the  subject  of  conversation.  After  breakfast 
the  following  morning,  the  ladies  played  for  us  on  the 
harp  ;  and  in  the  evening,  I  set  out  on  horseback,  to  re- 
turn hither,  not  without  a  feeling  of  regret,  that  I  had 
probably  taken  a  final  leave  of  my  hospitable  friend,  who 
although  still  an  expert  horseman,  seldom  goes  beyond 
the  limits  of  his  manor.  I  had,  however,  seen  him  riding 
in  a  long  procession,  through  the  streets  of  Baltimore, 
holding  in  his  hand,  the  Declaration  of  Independence, 
which  he  delivered  to  the  orator  of  the  day,  at  the  monu- 
ment of  General  Washington.  Among  the  distinguished 
personages  at  his  house,  I  forgot  to  mention  a  little  lap- 
dog,  which  Lord  Wellington  gave  to  Madame  Jerome 
Bonaparte,  who,  you  will  recollect,  is  a  very  near  connec- 
tion of  the  family."  ' 

A  New  England  tourist  had  passed  by  "  Dougho- 
regan  Manor"  in  the  summer  of  1819,  which  he  ig- 
norantly  calls  "  Carrollton,"  but  he  did  not  stop  to 
pay  his  respects  to  the  retired  statesman  living  there. 
He  notes  that  there  was  no  town  of  "Carrollton" 
[sic]  only  Charles  Carroll's  plantation,  on  which  there 
were  nearly  a  thousand  slaves,  and  which  produced, 
twenty  thousand  bushels  of  wheat.  "  Attached  to  the 
house,"  he  observes.,  "  was  a  small  Roman  Catholic 
chapel."     "  He  is  now  very  old,"  writes  Jared  Sparks, 

'  Hodgson's  "  LeUers  from  North  America,"  London,  1824.  Let- 
ter XX,,  vol.  i.,  p.  326. 


.lU 


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326 


Charles  Carroll  of  Carrollton. 


^  1 


*'  but  still  active."  '     Charles  Carroll  of  Carrollton  is 
thus  described  in  a  newspaper  of  this  year  : 

**  Of  activity  of  body,  and  energy  of  mind,  evidencing 
a  constitution  preserved  by  the  strictest  discipline,  which 
promises  him  long  to  this  country  and  the  community  of 
which  he  has  long  been  considered  the  most  venerable 
and  distinguished  ornament.  His  m  ion  has  given 
celebrity  to  the  hospitality  of  Maryland,  .jy  being  opened 
to  distinguished  visitors  from  every  quarter  of  the  Union 
and  every  civilized  country  of  the  globe.  The  utility  of 
his  public  life  is  gilded  by  the  peaceful  beams  of  his  de- 
clining years.  A  worthy  associate  of  those  men  whose 
names  are  engraven  upon  a  bolder  monument  than  the 
pyramids  of  Egypt."  ' 

A  re-survey  of  "  Doughoregan  Manor,"  with  the 
additions  to  the  original  tract,  was  made  December 
4th,  1820.  And  as  .so  enlarged  it  contained  13,361^ 
acres  :  "  Beginning  at  a  stone  heretofore  planted  near 
the  east  side  of  the  public  road  leading  from  Balti- 
more to  Rockville  in  Montgomery  County,  marked 
with  the  following  inscription,  to  wit : 
Here  Stand  the  Beginning  Trees  of  Doughoregan, 

Push  Pin  and 
the  Girl's  Portion."' 

Charles  Carroll  v^^as  in  Annapolis  the  following 
winter  and  spring,  where  children  and  grandchildren 
were  staying  with  him  in  April,  when  he  writes  to 
Robert  Goodloc  Harper  on  the  i6th,  that  "  Mr.  and 
Mrs.    Patterson    and    my   son,   and    Mr.   and    Mr.s. 

'  Adams's  "  Life  and  Writings  of  Jared  Sparks,"  vol.  i.,  p.  151. 

*  Riley's  "  History  of  Annapolis,"  p.  256. 

*  Land  Office,  Deeds,  Annapolis. 


A  Pious  Parental  Letter. 


327 


McTavish  intend  to  visit  Mrs.  Lloyd.  During  their 
absence  Mrs.  Caton  will  accompany  me  to  '  Mel- 
wood  ;  '  our  stay  there  will  not  exceed  two  days.  I 
shall  return  to  Annapolis  on  the  1st  or  2nd  May. 
Mrs.  Caton  may  possibly  pay  Mrs.  Decatur  a  visit." 
He  returned  to  Annapolis  from  "  Melwood,"  May 
1st,  stopping  on  the  way  to  dine  with  the  Ogles  at 
"  Bel  Air,"  and  pay  **  a  flying  visit  to  the  priests  at 
White  Marsh."  '  The  following  pious  letter  was  writ- 
ten by  Charles  Carroll  of  Carrollton  to  his  son,  while 
the  latter  was  at  "  Doughoregan  "  attending  to  his 
father's  affairs  there. 

April  I2th,  1821. 

In  writing  to  you  I  deem  it  my  duty  to  call  your 
attention  to  the  shortness  of  this  life,  and  the  certainty 
of  death,  and  the  dreadful  judgment  we  must  all  un- 
dergo, and  on  the  decision  of  which  a  happy  or  a 
miserable  eternity  depends.  The  impious  has  said  in 
his  heart,  *'  There  is  no  God."  He  would  willingly 
beUeve  there  is  no  God  ;  the  passions,  the  corruptions 
of  his  heart  would  fain  persuade  him  there  is  none.  The 
stings  of  conscience  betray  the  emptiness  of  the  delusion  ; 
the  heavens  proclaim  the  existence  of  God,  and  unper- 
verted  reason  teaches  that  He  must  love  virtue  and  hate 
vice,  and  reward  the  one  and  punish  the  other. 

The  wisest  and  the  best  of  the  ancients  believed  in  the 
immortality  of  the  soul,  and  the  Gospel  has  established 
the  great  truth  of  a  future  state  of  rewards  and  punish- 
ments. My  desire  to  induce  you  to  reflect  on  futurity, 
and  by  a  virtuous  Hfe  to  merit  heaven,  have  suggested 
the  above  reflections  and  warnings.  The  approaching 
festival  of  Easter,  and  the  merits  and  mercies  of  our 

'  Family  papers,  Mrs.  William  C.  Pennington. 


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328  Charles  Carroll  of  Carrollton, 

Redeemer  copiosa  assudeum  redemptio  have  lead  me 
into  this  chain  of  meditation  and  reasoning,  and  have 
inspired  me  with  the  hope  of  finding  mercy  before  my 
Judge,  and  of  being  happy  in  the  life  to  come,  a  happi- 
ness I  wish  you  to  participate  with  me  by  infusing  into 
your  heart  a  similar  hope.  Should  this  letter  produce 
such  a  change,  it  will  comfort  me,  and  impart  to  you 
that  peace  of  mind  which  the  world  cannot  give,  and 
which  I  am  sure  you  have  long  ceased  to  enjoy. 

As  we  shall  now  probably  have  pleasant  weather,  a 
jaunt  to  Carrollton  will  be  of  service  to  you.  Before 
you  leave  the  Manor,  desire  Mr.  Dean  to  have  an  eye  to 

the  gardeners. 

God  bless  you,  from  yr.  aff.  father 

Ch.  Carroll  of  Carrollton.' 

In  a  letter  to  his  son-in-law^,  Richard  Caton,  written 
from  the  Manor,  July  20th,  Charles  Carroll  of  Car- 
rollton in  the  midst  of  business  details,  inserts  a 
paragraph  or  two  which  may  be  quoted  :  "  We  have 
had  a  fine  rain  this  morning,  between  four  and  five 
o'clock,"  says  the  energetic  old  gentleman  who  still 
preserved  his  habit  of  early  rising,  "  I  hope  we  shall 
have  more:  ^hc  corn,  tobacco,  and  young  clover 
wanted  rain,  and  more  than  has  yet  fallen  here. 
.  .  .  When  will  the  brick  and  plaster  and  scant- 
ling for  the  Catholic  Chapel  at  Annapolis  be  for- 
warded to  that  city?'" 

This  Roman  Catholic  Chapel,  called  St.  Mary's 
Church,  was  not  completed  until  about  1830,  and 
it   was    erected    chiefly  through    the    liberality   of 

'  Family  papers,  Hon.  John  Lee  Carroll.  Published  in  part  in 
Appleton's  Journal,  Sept.  19th,  1874. 

*  MS :  Letter,  Frank  D.  Andrews,  Vineland,  New  Jersey. 


m 


Laments  the  Loss  of  Friends. 


329 


s 
id 


Charles  Carroll  of  Carrollton.  It  stood  on  the  Duke 
of  Gloucester  Street,  and  was  in  good  condition 
when  Ridgely  described  it  in  1839.'  ^^  ^^as  torn 
down  only  a  few  years  ago,  on  account  of  its  unsafe 
condition." 

William  Pinkney  died  in  1822,  and  in  this  same 
year  John  Eager  Howard  lost  his  wife.  Both  events 
are  alluded  to  in  letters  of  Charles  Carroll  of  Carroll- 
ton  to  Robert  Goodloe  Harper : 

"  Baltimore^  28th  February^  1822 :  I  presume  the  sud- 
denness and  violence  of  poor  Pinkney's  disorder  pre- 
vented him  from  making  a  will  during  his  illness,  and  if 
not  made  previously  to  it,  probably  he  has  made  none. 
His  death  is  a  heavy  loss  to  his  family.  Mr,  Oliver  told 
me  he  believed  Pinkney  had  saved  and  laid  up  $30,000. 
This  sum  divided  among  his  children  will  make  but  a 
scanty  fortune  to  each." 

^^  Doughoregan,  2ist  y^ufie  :  We  are  ail  well;  nothing 
further  from  Mr.  de  Neuville.  I  am  concerned  to  hear 
that  Judge  Chase  is  so  declining  ;  to  him,  to  his  family, 
and  to  the  family  with  which  you  now  reside,  I  desire  to 
be  kindly  remembered." 

"  October  22nd :  How  is  Col.  Howard  ?  This  last 
blow  notwithstanding  the  firmness  of  his  character,  has 
made  a  deep  impression  on  his  mind  and  heart  ;  though 
averse  he  may  be  from  seeing  company,  yet  the  visit  of  a 
friend  might  console  him,  at  least  discovt  r  that  you  feel 
for  him.  I  suggest  the  propriety  of  calling  on  him. 
Should  he  decline  your  visit,  you  may  learn  from  his  son 
Ben  how  he  bears  his  loss,"' 

'  Ridgely's  "  Annals  of  Annapolis,"  p.  245. 

*  Riley's  "History  of  Annapolis,"  p.  304. 

'  Family  papers,  Mrs.  William  C.  Pennington. 


i 


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I  Ml 


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330  Charles  Carroll  of  Carrollton. 


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The  Potomac  Company  of  which  Charles  Carroll 
had  so  long  been  a  member  was  merged  in  1823  into 
the  Chesapeake  and  Ohio  Canal  Company.  Vir- 
ginia, Maryland,  Pennsylvania,  and  the  District  of 
Columbia,  sent  delegates  to  a  convention  to  meet 
in  Washington  to  organize  the  Company,  which  had 
for  its  object  the  construction  of  a  canal  along  the 
Potomac  River  to  its  head,  and  from  that  point  to 
the  waters  of  the  Ohio.  They  met  on  the  6th  of 
November,  and  the  new  company  was  incorporated, 
January  27,  1824. 

The  Alum  Works  Company  was  another  enter- 
prise in  which  Charles  Carroll  was  interested  at  this 
time.  He  wrote  on  the  12th  of  May  1823,  about 
the  alum  which  was  to  be  reserved  for  his  use,  suf- 
ficient to  pay  his  last  note  of  $1000  given  to  Mr. 
Mitchell,  agent  of  the  Alum  Works  Company.  This 
corporation  failed  and  judgments  were  rendered 
against  the  Alum  Works  in  November  of  this  year. 
Among  the  visitors  at  "  Doughoregan  Manor  "  in 
the  fall  of  1823,  was  the  Count  de  Menon,  either  the 
nephew  or  brother-in-law  of  Madame  le  Peltier,  and 
this  was  very  probably  the  same  French  Count  who 
is  mentioned  as  at  "  Doughoregan  "  in  1820.  The  last 
letter  of  importance  in  the  correspondence  of  Charles 
Carroll  of  Carrollton  with  his  son-in-law  Robert 
Goodloe  Harper,  was  written  from  "  Doughoregan," 
1 2th  of  August,  1824.  General  Harper,  who  was 
then  in  failing  health,  was,  with  his  family,  visiting 
his  brother-in-law,  Dr.  Joseph  Speed,  in  Tompkins 
County,  New  York.  After  some  details  about  the 
crops  in  Maryland,  Charles  Carroll  adds : 


■  |i  t 


•H''*; 


/.      I     .: 


Visit  of  Lafayette  to  Baltimore.         331 


"  I  dwell  on  these  matters  as  I  have  nothing  more  in- 
teresting. No  doubt  the  newspapers  have  informed  you 
of  the  sudden  death  of  our  Chancellor  Johnson  ;  it  is 
conjectured  Mr.  John  Buchanan  will  be  his  successor. 
We  have  not  received  any  late  letters  from  England  ;  by 
the  last,  early  in  June,  Mrs,  Patterson's  health  was  im- 
proving. Mr.  and  Mrs.  Bayard  will  leave  us  next  Tues- 
day, the  17th  inst.  The  late  proceedings  in  Albany 
seem  to  promise  Mr.  Crawford  a  better  chance  of  being 
President.  I  apprehended  your  accommodations  on  a 
considerable  part  of  your  route  would  be  very  indiffer- 
ent, and  would  lessen  the  pleasure  if  not  the  benefit  of 
travelling.  I  find  they  have  been  comfortable  all  the 
way,  and  in  most  instances  good.  This  proves  that  it  is 
wrong  to  anticipate  evils  which  may  never  happen  ;  a 
lesson  I  would  impress  on  Mrs.  Harper,  too  apt  to  look 
on  the  gloomy  side  of  incidents  that  may  occur  through 
life.  Give  my  love  to  her  and  your  children.  I  suppose 
we  may  expect  you  about  the  20th  of  September,  when 
I  hope  we  shall  have  the  consolation  of  beholding  you 
greatly  benefited  by  your  journey.' 


>>i 


General  Harper  died  in  Baltimore,  January  15, 
1825.  Mary  Sophia  Carroll,  the  second  daughter  of 
Charles  Carroll  of  "  Homewood  "  and  Harriet  Chew, 
born  in  1804,  had  married  the  Hon.  Richard  H.  Bay- 
ard of  Delaware,  and  was  visiting  with  her  husband 
at  the  Manor  in  Augur>t,  1824,  as  has  been  seen. 
The  great  incident  of  interest  in  America  marking 
the  year  1824,  was  the  visit  to  its  shores  of  General 
Lafayette.  Preparations  were  early  made  in  Vir- 
ginia, for  a  celebration  at  Yorktown,  the  scene  of  the 

'  Family  papers,  Mrs.  William  C.  Pennington. 


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332  Charles  Carroll  of  Car rollton, 

surrender  of  Cornwallis,  on  the  19th  of  October,  the 
anniversary  of  this  event.  Madison,  Jefferson,  and 
Charles  Carroll  of  Carrollton  were  all  invited  to  be 
present  but  declined  **  from  age  and  infirmities." 
Charles  Carroll  wrote  the  following  letter  expressing 
his  regret  at  his  inability  to  be  present. 

IUltimore,  October  stli,  1824. 

Sir  :  I  received  this  morning  your  letter  of  the  27th 
l)ast.  I  am  flattered  by  the  volunteer  companies  of  Vir- 
ginia in  inviting  me  to  the  village  of  Yorktown  on  the  19th 
instant.  My  advanced  age  prevents  my  being  present  at 
the  place  where  the  surrender  of  Lord  Cornwallis  to  the 
united  American  and  French  Forces,  sealed  our  indepen- 
dence. The  recollection  of  a  scene  so  long  past  will  be 
highly  gratifying  to  the  nation's  guest,  who  by  his  valor 
and  services  contributed  to  that  important  event.  I  re- 
main, with  great  respect.  Sir,  your  most  humble  servant, 

Ch.  Carroll  of  Carrollton. 
Robert  G.  Scott,  Esq.,  Richmond,  Va.' 

In  Maryland,  the  two  most  conspicuous  survivors 
of  the  Revolutionary  period  were  Charles  Carroll  of 
Carrollton  and  John  Eager  Howard.  And  they 
were  associated  together  in  a  toast  proposed,  at  this 
time,  by  George  Washington  Parke  Custis  of  "Ar- 
lington," when  he  drank  to  Baltimore,  "the  city  of 
Howard  and  Carroll."  Lafayette  came  to  Baltimore 
from  Philadelphia,  October  7th,  with  a  party  of 
gentlemen  among  whom  was  John  Quincy  Adams, 
who  has  left  in  his  memoirs  an  account  of  the  recep- 
tion of  "  the  nation's  guest  "  in  the  Monumental  city. 

'  Niles's  Register,  vol.  xxvii.,  p.  120. 


It  « 


11' 


Prefers  Jackson  for  President.         333 

At   Fort   McHenry,  he  says,  they  were  met  by  the 
Governor  of  Maryland  and  others. 

"  Mr.  Charles  Carroll  of  Carrollton,  one  of  the  three 
surviving  signers  of  the  Declaration  of  Independence, 
Col.  John  Eager  Howard  .  .  .  and  several  other 
veterans  of  the  same  class  were  there,  all  deeply  affected 
by  the  scene  which  was  purely  pathetic.  After  partak- 
ing of  a  collation  in  the  tent  (used  by  General  Washing- 
ton during  the  Revolutionary  War  and  borrowed  from 
Mr.  Custis  of  Arlington)  the  procession  for  the  general's 
entry  into  the  city  was  formed.' ' 

Charles  Carroll  of  Carrollton  formed  a  part  of  this 
pageant,  which  is  fully  described  also  in  the  news 
papers  of  the  day.  Lafayette  was  entertained  at 
**  Belvedere  "  by  Col.  Howard.  And  on  the  night  of 
the  9th  of  October  a  grand  ball  was  given  to  La- 
fayette, at  which  Charles  Carroll  of  Carrollton  was 
present  for  part  of  the  evening. 

We  learn  from  the  memoirs  of  John  Quincy 
Adams,  something  further  as  to  Charles  Carroll's 
political  sentiments  at  this  time.  In  the  winter  of 
1 824-1825,  there  were  four  Presidential  candidates 
in  the  field,  John  Quincy  Adams,  Henry  Clay, 
William  H.  Crawford  and  Andrew  Jackson,  all  of 
them  professing  to  be  "  Republicans,"  or  Demo- 
crats, for  the  party  of  the  Federalists  had  ceased  to 
exist  as  an  organization,  though  it  had  its  represen- 
tatives in  individuals.  From  Charles  Carroll's  allu- 
sion to  Crawford's  chances  for  the  Presidency  in  his 
letter  of  August,  1824,  it  would   seem  that  he  advo- 

'  "  Memoirs  of  John  Quincy  Adams,"  vol.  vi.,  p,  426. 


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334  Charles  Carroll  of  Carrol Itoii, 


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cated  the  cause  of  the  able  Georgian.  In  February, 
1825,  it  appears  that  as  between  Adams  and  Jack- 
son, he  preferred  the  latter,  believing  that  he  would 
be  less  inimical  to  the  Federalist  remnant.  In  this 
opinion  he  was  supported  by  Roger  Brooke  Taney. 
John  Quincy  Adams  who  was  then  in  Washington 
writes : 

"  Mr.  VVarfield  came  ...  He  said  that  he  had  not 
expressed  his  determination  for  whom  he  should  vote 
in  the  House  on  Wednesday.  His  friends,  Mr.  Charles 
Carroll  of  CarroUton,  and  Mr.  Taney,  of  Baltimore,  had 
urged  him  to  vote  for  General  Jackson,  under  an  impres- 
sion that  if  I  should  be  elected,  the  administration  would 
be  conducted  on  the  principle  of  proscribing  the  Federal 
party.  I  said  I  regretted  much  that  Mr.  Carroll  for 
whose  character  I  entertained  a  profound  veneration,  and 
Mr.  Taney,  of  whose  talents  I  had  heard  high  encomium, 
should  harbor  such  opinions  of  me."  ' 

The  biographer  of  Judge  Taney  informs  us  that 
the  latter's  conversion  to  Democracy,  in  which  change 
of  faith  he  was  joined  by  many  other  Maryland 
Federalists,  was  caused  by  the  publication  in  1824, 
of  the  correspondence  of  Monroe  and  Jackson,  1816- 
18 1 7,  on  the  subject  of  the  New  England  Federalists 
and  their  attitude  in  the  war  of  18 12,  the  proceed- 
ings of  the  Hartford  Convention  having  been  kept 
secret  by  those  engaged  in  it. 

Charles  Carroll  of  "  Homewood  "  died  on  the  3d 
of  April,  1825.  He  had  been  the  object  of  his  father's 
tender  affection  and  solicitude  as  the  correspondence 

•  Ibid.,  vol.  vi.,  p.  499. 


Survives  Both  Son-in-Law  and  Son,     335 

of  Charles  Carroll  of  Carrollton  testifies.  In  one  of 
these  many  letters  of  shrewd,  practical  wisdom,  and 
pious  exhortation,  the  good  man  writes  to  his  son  : 
"God  bless  and  prepare  you  for  a  better  world,  for 
the  present  is  but  a  passing  meteor  compared  to 
eternity."  Writing  to  him  in  the  summer  of  1809, 
when  his  health  was  not  good,  the  father  says : 
"This  cool  weather  will  contribute  to  remove  your 
indisposition,  but  you  must  lend  your  assistance  by 
keeping  your  mind  employed,  by  due  exercise  of 
body  and  mind,  and  by  a  light  regimen  and  absti- 
nence from  wine  and  heating  liquors,  by  going  to  bed 
at  nine  o'clock  and  rising  by  five  o'clock  in  the  morn- 
ing. I  believe  lounging  in  bed  after  waking  in  the 
morning,  to  be  very  injurious  to  health,  particularly 
to  persons  inclined  to  a  corpulent  habit.  I  pre- 
scribe nothing  for  you  but  what  I  practice  myself." 
In  one  of  his  letter  of  181 5,  Charles  Carroll  says: 
"  While  Mr.  Hurley  remains  with  you  I  hope  you 
will  profit  by  his  good  advice.  At  the  hour  of  your 
death,  ah  !  my  son,  you  will  feel  the  emptiness  of  all 
sublunary  things ;  and  that  hour  may  be  much 
nearer  than  you  expect.  Think  well  on  it,  I  mean 
your  eternal  welfare." 

Charles  Carroll,  Jr.,  was  handsome  in  feature,  and 
of  winning,  agreeable  manners,  characteristics  cal- 
culated to  render  him  socially  popular.  He  left, 
with  other  children,  a  son,  of  whom  mention  has 
been  made,  the  fifth  of  the  name  and  line,  known  later 
as  Col.  Charles  Carroll  to  whom  his  grandfather  de- 
vised "  Doughoregan  Manor."  Charles  Carroll  of 
Carrollton  had  now  survived  both  his  favorite  son- 


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33^         Charles  Carroll  of  CarrolUon. 


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in-law  and  his  only  son.  He  was  eighty-nine  years 
old,  and  the  following  deeply  impressive  letter  was 
written  by  him  in  September,  1825,  apparently  in 
response  to  one  from  a  friend,  perhaps  the  editor  of 
the  National  Journal, 

"  On  the  20th  of  this  month  I  entered  into  my  eighty- 
ninth  year.  This,  in  any  country,  would  be  deemed  a 
long  life,  yet  as  you  observe,  if  it  has  not  been  directed 
to  the  only  end  for  which  man  was  created,  it  is  a  mere 
nothing,  an  empty  phantom,  an  indivisible  point,  com- 
pared with  eternity.  Too  much  of  my  time  and  attention 
have  been  misapplied  on  matters  to  which  an  impartial 
judge,  penetrating  the  secrets  of  hearts,  before  whom  I 
shall  soon  appear,  will  ascribe  [no  ?]  merit  deserving 
recompense.  On  the  mercy  of  my  Redeemer  I  rely  for 
salvation,  and  on  His  merits  ;  not  on  the  works  I  have 
done  in  obedience  to  His  precepts,  for  even  these,  I  fear, 
a  mixture  of  alloy  will  render  unavailing  and  cause  to  be 
rejected."  ' 

Though  he  had  reached  such  an  advanced  age, 
Charles  Carroll's  mind  was  still  vigorous,  and  his 
interest  in  public  affairs  unabated.  The  publication 
of  the  debates  in  the  Federal  Convention,  up  to  this 
time  kept  secret,  drew  men's  minds  to  the  1  'ra- 
tion of  the  formation  of  the  existinpf  T'^r'  al  Govern- 
ment. And  Charles  Carroll  of  Cc  .on,  it  see  s, 
still  cherished  his  old  fears  as  to  t  dang'^rs  mena- 
cing the  central  system  from  the  sovert  gn  States 
that   had   delegated   to   it   some   of   their   powers. 

'  Niles's  Register,  vol.  xxx.,  p.  374.  The  National  Journal,  July, 
1826. 


Honored  by  the  City  of  Nexv  York,      337 

Judge  Hanson  liad  lent  him  the  volume  which  he 
returned  with  tlie  following  note  : 

"  Mr.  Carroll  returns  to  Judge  Hanson  the  book  contain- 
ing the  secret  debates  and  proceedings  of  the  Conven- 
tion. Mr.  [the  name  illegible]  and  others  who  opposed  the 
Confederation  were  apprehensive  that  the  general  govern- 
ment would  swallow  up  the  State  governments.  I  wish 
to  God  the  very  reverse  may  not  happen.  I  already 
discover  the  seeds  of  such  an  event ;  both  must  be  pre- 
served to  insure  the  continuance  of  Liberty  in  the  spirit 
of  the  Constitutions  of  both. 

26th  February,  1826. 

[Endorsed]  The  Honorable  Judge  Hanson." ' 

The  year  1826  had  brought  round  the  fiftieth  an- 
niversary of  the  signing  of  the  Declaration  of  Inde- 
pendence, the  semi-centennial  of  the  birth  of  the 
States  forming  the  "Confederation"  of  1789,  as 
Charles  Carroll  styled  the  existing  Union,  and  all  eyes 
were  turned  upon  the  three  men  still  living  who  had 
signed  the  immortal  charter  of  '^6^  one  of  them,  in- 
deed, being  the  illustrious  Virginian  who  had  penned 
it.  The  Erie  Canal  had  just  been  completed,  uniting 
the  Northern  Lakes  with  the  Atlantic  Ocean,  and  the 
city  of  New  York,  in  striking  medals  to  commemor- 
ate this  important  event,  ordered  that  the  three 
highest,  made  of  gold,  should  be  presented  to  the 
three  survivors  of  the  signers,  Thomas  JefTcrson, 
John  Adams  and  Charles  Carroll  of  Carrollton.  To 
the  Committee  which  presented  him  with  this  token 
of  reverence  and  regard,  Charles  Carroll  wrote  as 
follows  : 


'  Pennsylvania  Historical  Society. 


VOL,  11—22 


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338         Charles  Carroll  of  Carrollton. 


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Baltimore,  May  9th,  1826:  Gentlemen,  I  was  this 
day  highly  gratified  by  your  letter  of  the  28th  past,  and 
the  delivery  of  the  gold  medal,  of  the  highest  class,  com- 
memorating the  completion  of  the  Erie  Canal,  uniting  the 
great  western  lakes  with  the  Atlantic  Ocean,  which  as  a 
committee  of  the  corporation  of  the  city  of  New  York, 
you  were  instructed  to  deliver  to  me,  being  one  of  the 
surviving  signers  of  the  Declaration  of  Independence  of 
these  United  States.  I  am  much  honored  by  this  testi- 
mony of  respect  paid  to  me  by  the  order  of  the  Common 
Council  of  the  city  of  New  York  for  the  part  I  took  in 
signing  that  important  paper. 

The  completion  of  the  great  work,  uniting  the  western 
lakes  with  the  ocean,  do^s  honor  to  the  State  of  New 
York.  May  the  benefits  resulting  from  the  undertaking 
amply  reward  the  wise  and  patriotic  exertions  of  its  citi- 
zens, and  perpetuate  to  the  city  of  New  York  its  growing 
prosperity. 

Accept,  gentlemen,  my  thanks  for  your  letter  and  the 
satisfaction  you  have  expressed  in  conveying  to  me  this 
testimony  of  public  respect.  I  remain,  with  great  re- 
spect, gentlemen,  your  most  humble  servant, 

Charles  Carroll  of  Carrollton. 

P.  S.  I  have  also  received  the  medal,  enclosed  in  a 
box  made  of  the  maple  from  Lake  Erie.  The  memoir  of 
the  Canal  of  New  York  when  printed,  I  request  the  favor 
of  you  to  forward  to  me  ;  it  will  be  a  most  interesting  and 
instructive  communication.' 

The  citizens  of  Washington  invited  the  surviving 

signers  of  the  "  Declaration  "  to  the  celebration  of 

the  fiftieth  anniversary  of  American  Independence, 

on  the  4th  of  July,  1826,  and  also  the  two  ex-Presi- 

'  Niles's  Register,  vol.  xxx.,  p.  314. 


i 


Death  of  Adams  and  Jefferson.         339 

dents,  James  Madison  and  James  Monroe.  All  five 
declined  the  invitation.  Charles  Carroll,  who  had 
also  been  asked  to  attend  the  celebration  in  New 
York  and  had  declined  to  do  so,  gave  this  as  a  rea- 
son for  not  going  to  Washington  in  his  letter  from 
"  Doughoregan  Manor,"  June  17th,  to  the  chairman 
of  the  Washington  committee.'  But  no  doubt  he 
did  not  feel  able  to  endure  the  fatigue  and  excite- 
ment, especially  at  such  a  hot  season  of  the  year. 
This  memorable  4th  of  July  was  signalized  by  the 
dramatic  death,  almost  at  the  same  moment,  of 
JelTerson  and  Adams,  leaving  Charles  Carroll  of 
Carrollton  the  sole  survivor  of  the  Signers.  He  was 
now  called  upon  to  unite  with  his  fellow-countrymen 
in  paying  the  last  honors  to  the  memory  of  the  two 
departed  statesmen.  A  committee  of  the  corpora- 
tion of  Baltimore  city,  accompanied  by  the  Mayor, 
visited  Charles  Carroll  at  "  Doughoregan  Manor," 
presenting  him  with  a  written  request  to  be  present 
at  the  memorial  services  to  take  place  in  Baltimore. 
He  replied  in  a  letter  addressed  to  the  Mayor : 


Sir 


Doughoregan  Manor,  16  July,  1826. 


I  request  you  to  convey  to  the  municipal  authorities 
of  the  city  of  Baltimore,  and  to  the  committee  of  arrange- 
ments, my  acceptance  of  their  invitation  to  join  in  those 
ceremonies  with  which  it  is  intended  to  commemorate 
the  veneration  and  respect  so  justly  due  to  the  memories 
of  the  two  departed  and  illustrious  signers  of  the  Decla- 
ration of  Independence,  who  bore  so  conspicuous  a  part 
in  that  great  event.     The  testimonies  of  respect  to  be 

'  Ibid.,  p.  342. 


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340         Charles  Carroll  of  Carrollton, 

paid  on  this  solemn  occasion  to  the  memories  of  citizens 
so  deserving  of  public  gratitude,  will  be  a  strong  incen- 
tive to  the  present  and  future  generations  to  merit  that 
esteem  which  disinterested  patriotism  sooner  or  later 
never  fails  to  command. 

Accept,  Sir,  individually,  my  warm  thanks  for  the 
honor  you  have  done  me  on  this  occasion,  and  believe 
me  with  the  greatest  respect.  Sir,  yr.  most  humble 
servant, 

Ch.  Carroll  of  Carrollton. 
To  the  Honorable  John  Montgomery,  Esq.,  Mayor  of 

the  city  of  Baltimore. ' 

Three  days  later  Charles  Carroll  wrote  the  follow- 
ing interesting  letter  to  Charles  H.  Wharton  of 
Philadelphia,  who  was  then  in  Washington : 


,  (  ^  I  '1  ■  I 


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1826,  July  19th,  DOUGHOREGAN. 

Dear  Sir  : 

I  received  the  17th,  your  friendly  letter  of  the  14th 
instant.  As  I  am  fast  approaching  to  the  last  scene, 
which  will  put  an  end  to  all  earthly  cares  and  concerns, 
I  am  looking  to  that  state  from  which  all  care,  all  solici- 
tude and  all  passions  which  agitate  mankind  are  ex- 
cluded. Revelation  instructs  us  that  eternal  happiness 
or  eternal  misery  will  be  the  destiny  of  man  in  the  life  to 
come  ;  the  most  pious,  the  most  exemplary  have  trem- 
bled ac  the  thought  of  the  dreadful  alternative.  Oh  ! 
what  will  be  the  fate  of  those  who  little  think  of  it,  or 
thinking  square  not  their  actions  accordingly. 

Though  I  disapproved  of  Mr.  Jefferson's  Administra- 


'  MS :    Letter,    Miss   M.    A.   Cohen,    Baltimore. 
Niles's  Register,  vol.  xxx,,  p.  375. 


Published  in 


'  ,    f 


%  i  \ 


Attends  Memorial  Services. 


341 


tion,  and  was  dissatisfied  with  a  part  of  Mr.  Adams', 
both  unquestionably  greatly  contributed  to  the  Inde- 
pendence of  this  country  ;  their  services  should  be  re- 
membered, and  their  errors  forgotten  and  forgiven. 
This  evening  I  am  going  to  Baltimore  to  attend  to- 
morrow the  procession  and  ceremonies  to  be  paid  to  the 
memories  of  those  praised  and  dispraised  Presidents, 

The  Baron  de  Montreul  and  his  family  are  now  here  : 
they  are  indeed  amiable  and  we  are  all  delighted  with 
their  manners,  ease,  affability  and  cheerfulness.  When 
they  return  to  France  the  society  of  Washington  will 
feel  the  loss. 

I  was  not  in  Congress  when  the  vote  of  Independence 
was  taken.  As  soon  as  I  took  my  seat  I  signed  that 
important  declaration,  which  has  thus  far  produced,  and 
I  hope  will  perpetuate  the  happiness  of  these  States. 
You  say  you  should  be  happy  to  see  me  ;  why  then  do 
you  not  come  to  see  me.  The  distance  is  not  great,  and 
you  are  young  compared  with  me.  I  shall  always  be 
happy  to  see  you  at  this  my  summer  and  autumnal  resi- 
dence. Wishing  you  health  and  happiness,  I  remain. 
Dear  Sir,  your  friend  and  humble  servant, 

Ch.  Carroll  of  Carrollton.' 

The  memorial  services  in  honor  of  Adams  and 
Jefferson  took  place  on  the  20th  of  July.  In  the 
procession  was  a  Funeral  Car  with  black  horses  and 
trappings  of  mourning.  This  was  preceded  by  the 
clergy,  a  band  of  music  playing  dirges,  and  a  troop 
of  horse  with  standard  draped  in  black  and  swords 
sheathed.     In  a  barouche  following  the  car  were  the 


'   t  ii 


)/.■ 


'  MS  :  Letter,  Charles  Roberts,  Philadelphia. 
Book  of  the  Signers,  for  fac-simile. 


See  Brotherhood's 


.'  !  I': 


I" 


342         Charles  Carroll  of  Carrollton. 


vn 


f  jfti 


'  t ' 


I      ,   ! 


distinguished  mourners,  Charles  Carroll  of  Carroll- 
ton,  the  surviving  signer  of  the  Declaration  of  Inde- 
pendence, General  Samuel  Smith,  who  was  to  be  the 
orator  of  the  day,  and  Col.  John  Eager  Howard. 
The  Governor  of  Maryland  and  his  staff  followed, 
with  the  Executive  Council  in  carriages,  the  com- 
mittee of  arrangements  and  the  many  others  who 
made  up  the  imposing  cortege.  Charles  Carroll  was 
the  chief  mourner,  says  a  writer  of  the  day,  and  four 
generations  followed  him  :  "  those  who  fought  at 
Bunker  Hill  and  Yorktown,  those  who  fought  at 
North  Point  and  New  Orleans,  those  now  arrived  at 
the  point  of  manhood,  and  those  who  clinging  to 
their  parents  or  collected  under  their  instructors 
(youths  at  the  schools  and  juvenile  institutions) 
urged  the  short,  rapid  steps  of  infancy  to  keep  pace 
with  the  proud  ranks  that  marched  along."  * 

Charles  Carroll  sat  for  his  bust  to  Browere,  at  the 
sculptor's  request,  in  this  month,  July,  1826,  as  he 
mentions  in  a  letter  to  Archibald  Robertson,  the 
artist.  The  Browere  bust  of  Charles  Carroll  of 
Carrollton  was  exhibited  in  Baltimore  and  pro- 
nounced an  admirable  likeness.* 


i  I  '. 


DouGHOREGAN  MANOR,  July  29,  1826. 
Sir: 

Mr,  Browere  has  produced  and  read  to  me  several  let- 
ters from  sundry  most  respectable  personages  ;  on  their 
recommendation  and  at  his  request  I  sat  to  him  to  take 
my  bust.  He  has  taken  it,  and  in  my  opinion  and  that 
of  my  family,  and  of  all  who  have  seen  it,  the  resem- 
blance is  most  striking.      The  operation  from  its  com- 

'  Niles's  Register,  vol.  xxx.,  p.  383.  "  /did.,  p.  411. 


'  li 


.i  ;i 


Copies  of  the  Declaration. 


343 


mencement  to  its  completion  was  performed  in  two  hours, 
with  very  little  inconvenience  and  no  pain  to  myself. 

This  bust  Mr.  Browere  contemplates  placing,  with  many 
others,  in  a  national  gallery  of  busts.  That  his  efforts 
may  be  crowned  with  success  is  my  earnest  wish.  That 
his  talents  and  genius  deserve  it  I  have  no  hesitation  in 
pronouncing. 

I  remain  with  great  respect,  Sir,  your  most  humble 
servant, 

Ch.  Carroll  of  Carrollton. 

To  Archibald  Robertson.' 

A  letter  of  John  Quincy  Adams,  written  June 
24th,  1824,  on  the  subject  of  the  circumstances  at- 
tending the  signing  of  the  Declaration  of  Indepen- 
dence, was  sent  to  Charles  Carroll  of  Carrollton  at 
"  Doughoregan  Manor,"  September  15th,  1826,  with 
the  facsimile  copies  of  the  Declaration  to  which 
Carroll  had  appended  his  signature,  August  20th, 
just  fifty  years  from  the  day  he  had  originally  signed 
it.  Carroll  had  signed  several  of  these  engrossed 
copies,  as  the  sole  survivor  of  the  signers  of  the  orig- 
inal paper.  One  of  the  two  presented  to  him  in  Sep- 
tember, 1826,  he  gave  to  John  McTavish,  the  husband 
of  his  favorite  granddaughter.  Another  one  of  these 
copies  of  the  Declaration  was  "  presented  to  the 
New  York  City  Library,  countersigned  by  President 
John  Quincy  Adams  and  several  of  his  cabinet  offi- 
cers, and  some  other  public  characters,  and  also  en- 
dorsed by  Governor  De  Witt  Clinton  and  others  of 
the  State  of  New  York.     This  copy  is  bound  in  folio 

'  MS  :  Letter,  Gen.  C.  W.  Darling,  Oneida  Hist.  Society. 


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344         Charles  Carroll  of  Carrollion. 


form  in  vellum,  and  after  having  been  misplaced  for 
many  years,  has  recently  been  recovered."  ' 

A  poetess  next  brought  a  wreath  of  bay  for  the 
aged  patriot's  brow,  the  nonagenarian  who  held  the 
interesting  position  of  the  last  of  the  stalwart  band 
of  the  Signers  of  ''j^,  who  a  half-century  before  had 
risked  Hfe  and  fortune  for  the  republican  principle  of 
the  right  of  self-government.  To  Mrs.  Sigourney's 
poetical  tribute  Charles  Carroll  made  response  in  a 
fine  and  feeling  letter. 

THE   LAST  SURVIVOR  OF  THE   SIGNERS  OF 
OUR  DECLARATION  OF  INDEPENDENCE. 

Assyria  boasted  him  who  humbled  Tyre, 
Her  warrior  monarch.     Greece  the  clarion  swell'd 
For  him  of  Macedon,  whose  sick  'ning  tear 
Flow'd  o'er  the  narrow  limits  of  a  world, 
Though  in  a  wine  cup's  narrower  round  his  soul, 
Dissolving  sank.     Stern  Carthage  too  was  proud 
Of  old  Hamilcar's  son,  when  from  the  height 
Of  Alpine  cliffs,  with  vengeful  eye  she  scann'd 
Her  haughty  rival.     Rome  beset  the  heavens. 
Even  while  her  veins  were  bursting,  with  the  shout 
Of  "  lo  Caesar  !  "     On  red  Sweden's  sky 
A  meteor  glared,  till  dire  Pultowa  quench'd 
The  wild-fire  flame.     France  trembled  as  she  took 
Her  idol  on  her  shoulders,  and  compell'd 
Tribute  from  mightier  climes,  but  the  cold  blast 
That  swept  Siberian  pines  breathed  o'er  his  brow, 
Proving  he  was  but  clay. — 

Behold  they  died  ! 

*  "  Autograph  Collections  of  the  United  States,"  Lyman  C.  Draj  er, 
p.  105. 


Poem  by  Mrs.  Sigotirney. 


345 


These  demigods  of  earth, — and  left  their  fame 
To  ravaged  realms,  and  slaughter'd  hecatombs, 
And  widow's  tears.     But  in  this  western  world 
Which  nature  in  her  bosom  long  conceal'd, 
As  her  last,  precious  gem,  a  band  arose 
Of  nobler  heroes.     They,  no  conquest  sought. 
No  throne  usurp'd,  nor  vassal  homage  claim'd, 
But  bade  the  sceptre,  and  the  crowned  head 
Bow  to  the  righteous  cause.     Time  laid  his  hand 
Upon  their  silver'd  brows,  and  summon'd  all 
Save  one,  who  in  the  dignity  of  age 
Linger'd  amid  the  blessings  they  had  wrought, 
Crown'd  by  a  nation's  thanks. — 

To  honor's  tomb 
He  saw  his  brethren  gather'd,  one  by  one, 
Yet  found  they  might  not  die. 

Amid  the  haunts 
Of  industry,  who  o'er  his  harvest  sings, 
Of  lettered  knowledge,  liberty  and  wealth. 
They  move  illustrious  in  the  gifts  they  gave. 
When  to  the  woodman's  axe  the  forest  groans 
Brief  answer,  and  the  new-born  city  springs, 
It  bears  their  name.     Those  mighty  streams  that  roll 
The  tide  of  commerce  o'er  our  cultured  vales. 
And  ocean's  thundering  wave  which  proudly  bears 
The  star-clad  banner  on  its  course  sublime. 
Speak  forth  their  praise. 

The  husbandman  who  guides 
His  caravan  far  from  his  father's  fields. 
On  toward  the  setting  sun,  and  boldly  rears 
A  cell  upon  the  frontiers,  makes  their  deeds 
His  text-book  nightly  to  his  list'ning  sons 
Who  throng  the  winter  fire.     Their  pictured  forms 


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346         Charles  Carroll  of  Carrollton. 

Look  down  from  halls  of  taste  and  wake  the  soul 
Of  the  young  student  to  heroic  deeds. 
Babes  learn  to  name  them  in  their  rnurmur'd  prayer. 
And  as  Penates,  at  each  household  hearth, 
Where  freedom  smiles,  they  dwell. 

Say  not  't  is  death 
When  this  clay  fabric  falls,  and  weary  yields 
Each  element  a  part.     Is  it  not  life 
To  prompt  heroic  thought,  to  cheer  the  toil 
Alike  of  statesmen  and  of  laboring  swain, 
To  prop  the  columns  of  a  nation's  strength. 
And  soar  on  gratitude's  unresting  wing 
Around  the  earth  ? — Such  glorious  life  they  live} 

Doughoregan,  14th  September,  1826  :  Madam  :  I  was 
this  day  honored  with  your  letter  of  the  5th  instant  con- 
taining your  beautiful  verses  on  departed  and  forgotten 
heroes  :  they  have  all  sunk  into  the  Abyss  of  oblivion  ; 
their  fame  now  exists  only  in  history. 

Who  are  deserving  of  immortality  ?  they  who  serve 
God  in  truth,  and  they  who  have  rendered  great,  essen- 
tial, and  disinterested  services  and  benefits  to  their 
country. 

To  be  esteemed  and  loved  by  a  whole  people  is  most 
flattering  and  acceptable  ;  especially  to  those  really 
meriting  that  esteem  and  love.  I  am  not  so  vain  as 
to  consider  myself  as  one  of  them  ;  I  conscientiously 
voted  for  the  Independence  of  my  country  ;  its  cause 
was  righteous,  and  I  lent  my  feeble  aid  in  its  support 
during  the  struggle. 

Accept,   Madam,  my  thanks  for  your  approbation  of 

'  *'  Poems  by  the  Author  of  '  Moral  Pieces  in  Prose  and  Verse,'  " 
Boston,  1827,  p.  194. 


CarrolVs  Letter'  of  Thanks. 


347 


my  conduct  and  wishes  for  my  health  and  ha])piness  ; 
the  same  acknowledgement  I  beg  your  husband  to 
accept. 

I  remain  with  great  respect,  Madam, 

Your  most  obedient  humble  servant 
Charles  Carroll  of  Carrollton. 

To  Madam  L.  Sigourney,  Hartford,  Connecticut.' 

A  medal  was  struck  by  Charles  Carroll  to  com- 
memorate his  ninetieth  birthday,  September  20, 
1826.  Three  of  them  were  of  gold  and  were  given 
to  hi'-,  daughters  and  eldest  grandson.  Silver  ones 
were  given  the  other  grandchildren.  On  one  side 
is  the  profile  bust  of  Charles  Carroll  in  relief, 
with  the  legend  round  the  margin  :  "  To  Charles 
Carroll  of  Carrollton."  On  the  other  face  of  the 
medal  are  the  words :  "  The  surviving  Signer  of 
the  Declaration  of  Independence  after  the  50th 
Anniversary,"  surrounded  by  a  laurel  wreath  en- 
twined with  ribbon,  a  scroll,  pen,  and  olive  branch, 
below.  And  around  the  margin  here  is  the  motto  : 
"  Upon  entering  his  90th.  year.  Sep.  XX.  MDCCC- 
XXVI."  Charles  Carroll  is  described  as  he  appeared 
on  his  birthday  anniversary,  1826,  by  a  writer  in 
the  American  Farmer,  September  22d,  who  tells  of 
the  present  annually  made  him  on  this  day  by  some 
of  his  neighbors : 

"  There  are  more  than    100  deer  on  the  Harewood 

estate,  from  which  the  best  buck  is  always  selected  as 

an  annual  offering  to  the  venerable  Charles  Carroll  of 

Carrollton  on  his  birthday.     The  last  of  these  occurred 

'  MS  :  Letter,  Charles  J.  Hoadly,  L.L.D.  Hartford,  Conn. 


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348         Charles  Carroll  of  Carrollton. 

on  Wednesday  last,  the  20th,  when  in  fine  health  and 
spirits  he  received  the  heart-felt  congratulations  of 
family  and  friends,  at  his  manor  on  Elkridge.  .  .  . 
He  plunges  into  his  limestone  spring  bath  every  morning 
before  sunrise,  and  still  rides  on  horseback  with  pleasure 
in  good  weather,  A  large  portion  of  the  day  is  devoted 
to  reading.  He  retains  his  partiality  for  Latin  and 
French  literature." ' 

P'rom  the  letter  of  Charles  Carroll  to  Robert 
Gilmor  of  Baltimore,  written  about  this  time,  a  quo- 
tation has  been  given  in  a  former  chapter : 

Manor,  15th  Oct.,  1826. 
Dear  Sir  : 

It  would  give  me  pleasure  to  comply  with  your  request 
but  it  is  not  in  my  power.  I  held  no  correspondence 
with  the  members  of  the  Revolutionary  Congress,  except 
those  from  Maryland.  Many  letters  passed  between 
Messrs.  Chase  and  Paca  and  myself  on  the  passing  events 
of  that  critical  period  ;  when  those  events  had  gone  by, 
the  matter  to  which  they  relate  ceasing  to  be  interesting 
to  the  writers  the  letters  were  destroyed,  at  least  those 
that  were  directed  to  me. 

I  shall  be  much  gratified  with  the  purusal  of  Doctor 
Franklin's  letter  to  the  Lady  on  the  loss  of  a  dear  con- 
nection ;  every  subject  handled  by  that  great  man  bore 
the  image  of  his  genius,  and  none  was  more  suitable  to 
it  than  administering  consolation  to  the  person  so  deeply 
afflicted. 

With  my  respects  to  Mrs.  Gilmor,  I  remain  with  esteem, 
Dear  Sir,        Your  most  humble  servant 

Ch.  Carroll  of  Carrollton." 


'  Niles's  Register,  vol.  xxxi..,  p.  55. 
"  Penn-ylva;  ia    Hiuoiical  Society. 


r'fj      ,.i 


■Mi&^^jiim^^^ 


Macreadys  Visit  to  Carroll. 


349 


Robert  Gilmor,  it  seems,  had  written  to  Charles 
Carroll  "requesting  his  aid  in  completing  a  collec- 
tion of  autographs  of  the  signers  of  the  Declaration 
of  Independence,"  as  he  notes  on  the  margin  of 
Carroll's  letter. 

Two  pen-pictures  of  Charles  Carroll  of  Carrollton 
have  come  down  to  us,  describing  him,  in  this  his 
ninetieth  year;  one  by  .Sullivan,  who  it  would  appear 
gives  his  account  at  second-hand,  and  the  other,  full 
of  enthusiastic  appreciation,  from  Macready,  the  cele- 
brated actor,  who,  as  he  relates,  visited  Charles  Carroll 
'*  on  his  own  particular  invitation."    Sullivan  says  : 

**  Mr.  Charles  Carroll  was  rather  a  small  and  thin  per- 
son, of  very  gracious  and  polished  manners.  At  the  age 
of  ninety  he  was  still  upright,  and  could  Jiee  and  hear  as 
well  as  men  commonly  do.  He  had  a  smiling  expression 
when  he  spoke,  and  had  none  of  the  reserve  which  usu- 
ally attends  old  age.  He  was  said  to  have  preserved  his 
vigor,  by  riding  on  horseback,  and  by  daily  bathing  in 
cold  water.  He  was  a  gentleman  of  the  *  old  school '  of 
deportment,  which  is  passing  away  if  not  gone." ' 

Charles  Carroll  was  at  his  winter  home,  which  was 
then  in  Baltimore,  with  his  daughter  Mrs.  Caton, 
when  visited  by  Macready  the  latter  part  of  Novem- 
ber, 1826.     Macready  writes  that  he  was 

**  A  man  most  interesting  from  his  varied  and  extensive 
acquirements,  and  especially  as  being  the  last  surviving 
Signer  of  the  Declaration  of  Independence.  He  was  a 
rare  instance  of  extreme  old  age  (being  then  in  his  nine- 
tieth year)  retaining  all  the  vivacity  and  grace  of  youth 

'  Sullivan's  "  Familiar  Letters  on  Public  Characters,"  p.  108,  1833. 


III 


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350  Charles  Carroll  0/ Carrollton, 

with  the  polish  of  one  educated  in  the  school  of  Chester- 
field. In  my  life's  experience  I  have  never  met  with  a 
more  finished  gentleman.  At  his  advanced  age  he  kept 
up  his  acquaintance  with  the  classics.  He  spoke  of  Eng- 
land with  respect,  and  of  his  own  country,  its  institutions, 
its  prospects,  and  its  dangers,  with  perfect  freedom, 
anticipating  its  eventual  greatness,  if  not  marred  by  fac- 
tion and  the  vice  of  intemperance  in  the  use  of  ardent 
spirits,  detaining  me  not  unwillingly,  more  than  two 
hours  in  most  attractive  conversation.  When  at  last  I 
was  obliged  to  take  my  leave,  he  rose,  and  to  my  entreaty 
that  he  would  not  attempt  to  follow  me  down  stairs,  he 
replied  in  the  liveliest  manner,  *  Oh,  I  shall  never  see 
you  again,  and  so  I  will  see  the  last  of  you.*  He  shook 
hands  with  me  at  the  street  door,  and  I  bade  a  reluctant 
adieu  to  one  of  the  noblest  samples  of  manhood  I  had 
ever  seen,  or  am  ever  likely  to  look  upon." ' 

The  following  letter  dictated  by  Charles  Carroll  of 
Carrollton,  relating  to  his  ancestry,  was  written  in 
response  to  the  queries  of  an  Irish  gentleman  of  the 
same  name  living  in  Cork. 

Balti.more,  24th  February,  1827. 
Sir  : 

Mr.  Carroll  of  Carrollton  received  a  letter  from  you 
dated  the  first  of  December  last,  enquiring  of  him  if  he 
could  inform  you  if  any,  and  what  relationship  there  may 
be  between  you  and  his  family.  He  desires  me  to  in- 
form you  that  he  has  no  knowledge  of  any  of  the  branches 
of  his  family  in  Ireland.  His  grandfather  left  England 
in  the  year  1688.  His  father  was  sent  at  an  early  period 
to  France,  to  receive  his  education,  and  was  there  at  the 

'  Macready's  "  Reminiscences,"  Ijy  Sir  Frederick  Pollock,  Bart., 
London,  1875,  vol.  i.,  p.  322. 


! 


TX''*: 


Bart.. 


The  "  Carrolllonian  "  Ncivspapcr,       35  i 

time  his  father  (the  grandfather  of  Mr.  Carroll  of  Carroll- 
ton)  died.  He  had  therefore  no  opportunity  of  learning 
the  particulars  relating  to  his  family.  The  arms  of  your 
seal  are  the  same  he  bears.  The  family  [motto]  in  Ire- 
land previous  to  his  grandfather's  coiv.ing  to  America 
was  **  In  Fide  et  in  Bella  fortei..  '\  lie  one  adopted  by 
his  grandfather  on  quitting  l-^ngland  is  "  Uliicuinque,  cum 
I.ibcrtiXte."  He  desires  me  to  assure  you  that  it  gives  him 
l)leasuro  to  liear  you  arc  in  the  enjoyment  of  ease  and  in- 
depcndonce,  with  a  family  possessing  the  gifts  of  educa- 
tion and  an  ami)le  jjrovision. 

I  am,  Sir,  your  most  obedient  servant 

George  Neilson. 
To  Charles  Carroll  Esq.,  No,  3  St.  Patrick  street,  Cork, 

Ireland.' 

To  the  editor  of  a  newspaper  printed  in  Annap- 
oils,  and  called  in  his  honor  The  Carrolltonian, 
Charles  Carroll  wrote  kindly  notes  of  appreciation, 
March  20th,  and  August  22,  1827,  accompanied  in 
the  first  instance  by  a  substantial  token  of  his  re- 
gard. **  Enclosed  you  will  have  my  check,"  he 
writes,  "  for  fifty  dollars  as  an  acknowledgment  of 
the  compliment  paid  by  the  title  of  Carrolltonian 
given  to  your  newspaper,  which  I  hope  meets  with 
the  encouragement  it  deserves  and  will  be  profit- 
able." "  In  August,  it  appears,  he  had  been  suffer- 
ing with  inflammation  of  the  eyes  of  which  he  speaks 
to  Mr.  McNair  as  his  "  late  indisposition."  "  I  thank 
you,"  he  adds,  '*  for  your  friendly  sentiments  respect- 
ing my  health  and  continuance  of  it,  and  am  pleased 

'  Family  papers,  Rev.  Thomas  Sim  Lee. 

'  MS  :  Letter,  D.  Mc.  N,  Stauffer,  New  York. 


•  .< 


1^'  I 


352  Charles  Carroll  of  Carrollton 


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by  your  forwarding  to  the  Ma.chioness  Wellesley  a 
complete  file  of  T/ie  Carrolltonian ;  she  will  be 
amused  by  the  perusal  of  them  and  will  be  grati- 
fied by  this  mark  of  attention,"  ' 

Charles  Carroll's  granddaughter,  Mrs.  Robert 
Patterson  had  lost  her  husband  in  1822.  She,  with 
her  two  sisters,  Mrs.  Hcrvey,  afterwards  Duchess 
of  Leeds,  and  Elizabeth  Caton,  who  became  later 
Lady  Stafford,  were  together  in  England,  soon  after  ; 
and  at  the  country-seat  of  the  Duke  of  Wellington, 
where  they  were  visiting,  the  fair  widow  met  the 
Duke's  elder  brother,  the  Marquis  of  Wellesley,  a 
widower  of  sixty-three.  He  fell  in  love  with  the 
beautiful  American,  and  in  1825,  he  addressed  her 
and  they  were  married  in  Dublin,  where  the  Marquis 
of  Wellesley  was  then  living  in  vice-regal  state,  as 
Lord-Lieutenant  of  Ireland.  Here  the  Marchioness 
of  Wellesley  presided,  with  the  Marquis,  at  a  grand 
ball  given  on  the  nth  of  May,  1826,  seated  on  a 
throne,  under  a  canopy  of  scarlet  and  gold.  At  a 
banquet  in  Charleston,  South  Carolina,  the  4th  of 
July,  1827,  Bishop  England,  in  allusion  to  these 
dignities  and  honors,  gave  the  following  toast : 
"  Charles  Carroll  of  Carrollton ;  in  the  land  from 
which  his  grandfather  fled  in  terror,  his  granddaugh- 
ter now  reigns  a  queen."  ^ 

The  opinion  of  Charles  Carroll  of  Carrollton,  on 
public  matters,  was  still  sought  at  this  time,  by  his 
friends  and  admirers,  but  that  he  was  not  disposed 

'  MS  :  Letter,  Charles  Roberts,  Philadelphia. 
'  "  The  American  Graces,"  by  Eugene  L,  Didier,  Harper's  Maga- 
zine, September,  1880. 


n,  on 
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Maga- 


Letter  to  Richard  Peters. 


353 


I 


to  make  public  his  views  on  current  politics  appears 
from  the  following  communication  to  one  of  his 
correspondents.  Asked  to  t^ive  his  preference  as  to 
the  two  candidates  for  the  Presidency,  his  reply  was 
cautious  and  non-committal : 

*'  1827,  May  25th  :  I  received  yesterday  your  letter  of 
the  23d.  I  take  nn  part  in  the  contest  respecting  the 
election  of  the  next  President  ;  of  course  I  give  no 
opinion  which  of  the  candidates  should  be  the  choice  of 
the  people.  Anxious  for  the  welfare  of  the  country,  my 
only  wish  is,  that  it  may  fall  on  him  whose  measures  will 
be  solely  directed  to  the  pubhc  good."  ' 

As  in  1824,  the  contest  was  again  between  John 
Quincy  Adams  and  Andrew  Jackson,  and  this  time 
Jackson  was  to  win.  Adams,  with  Henry  Clay  as 
his  Secretary  of  State,  had  shown  himself  a  Federal- 
ist, to  all  intents  and  purposes,  and  this  division  of 
the  "  Rv.publican "  party  now  called  themselves 
"  National  Republicans,"  in  opposition  tc  the  true 
r>emocratic  party  led  by  Jackson.  That  Charles 
CarioII  was  still  a  Federalist  on  the  more  essential 
points  in  controversy,  in  connection  with  the  Federal 
and  State  governments,  is  manifest  from  an  enter- 
taining letter  addressed  by  him  to  his  old  friend,  and 
associate  on  the  Board  of  War,  Richard  Peters  of 
Philadelphia. 

DoucHOREGAN,  :^5th  Juiie,  1827. 
My  dear  Sir  : 

The  sentiments  expressed  in  your  acceptable  and  in- 
teresting letter  accord  perfectly  with  mine.     Though  no 

'  Niles's  Register,  vol.  xxxii.,  p.  227. 
VOL.  11.-23 


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354  Charles  Carroll  of  Car yollton. 

correspondence  has  taken  place  between  us  since  I  ceased 
to  be  a  member  of  the  committee  of  the  Board  of  War, 
the  drudgery  of  which  fell  upon  you,  the  transactions  of 
those  days  still  occupy  my  thoughts  ;  of  course  you  are 
frequently  an  object  of  them.  All  who  took  a  part  in 
that  hazardous  and  glorious  cause  are  dear  to  me  ;  the 
memory  of  those  gone  before  us  I  venerate,  the  living  I 
love  ;  all  acted  from  principle  and  all  contributed,  more 
or  less,  to  our  Independence.  The  government  estab- 
lished by  the  people  will  secure  their  happiness  as  long 
as  its  end,  spirit  and  principles  are  acted  upon  and  pre- 
served. Should  tlie  jealousy  and  ambition  of  some  States 
succeed  in  sapping  the  powers  of  it,  or  so  restrict  the 
exercise  of  them  as  to  control  its  superintendence  c  er 
the  States  within  the  limits  prescribed  by  the  Constituti  ' 
the  confederacy  will  be  dissolved  and  all  the  evils  ex- 
perienced under  the  first  will  recur,  and  in  a  greater 
degree  in  proportion  to  the  increase  of  population  and 
multiplicity  of  clashing  interests. 

I  think  with  you,  the  addition  of  new  States  will  not 
produce,  but  will  rather  prevent,  at  least  retard,  such  an 
event.  Are  there  not  other  evils  threatening  the  general 
government  ?  What  government,  the  principal  object  of 
which  should  be  the  preservation  of  morals,  can  subsist 
midst  their  general  corruption  ;  what  has  a  greater  ten- 
dency to  corrupt  them  than  the  prevalence  of  drunken- 
ness of  the  lower  classes  of  society  ? 

I  consider  the  Supreme  Court  of  the  United  States  as 
the  strongest  guardian  of  the  powers  of  Congress  and 
rights  of  the  people  ;  as  long  as  that  Court  is  composed 
of  learned,  uj^right  and  intrepid  judges  the  Union  will 
be  preserved.  Would  it  not  be  an  improvement  of  the 
Federal  judiciary  to  make  the  Supreme  Court  consisting 
now  of  seven  judges,  reducing  that  number,  merely  a 


n 


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of  the 
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Personal  Recollections. 


355 


court  of  appeal,  stationed  at  Washington,  holding  three 
terms  in  each  year  ;  that  court  being  so  constituted, 
circuit  judges  should  be  appointed  sufficient  for  the  ad- 
ministration of  justice  in  this  extended  and  extending 
empire.  But  I  forget  I  am  writing  to  a  judge,  a  good 
and  upright  one,  Sutor  me  ultra  crcpidam. 

I  do  not  correspond  with  Lafayette  ;  just  before  his 
sailing,  expecting  him  in  Baltimore,  I  invited  him  to  my 
country-seat.  I  suspect  he  did  not  get  my  letter  ;  in  all 
of  yours  to  him  I  beg  you  to  assure  him  of  my  affection- 
ate remembrance  and  esteem.  I  am  sorry  to  learn  from 
your  letter  that  Mr.  Jay  is  lingering  under  a  sickly  con- 
stitution of  body  but  possessing  a  mind  unimpaired  by 
sickness.  I  envy  your  happiness  in  corresponding  with 
so  good  and  great  a  man  ;  in  my  estimation  he  is  one  of 
the  brightest  characters  this  country  has  produced.  I 
yet  remember  with  pleasure  a  conversation  at  his  house 
over  a  bottle  of  good  old  Madeira,  between  him  and  Mr. 
Clinton  afterwards  Vice-President,  at  which  I  was  present 
but  not  bearing  any  part  in  it :  this  incident  has  prob- 
ably escaped  his  memory,  but  it  will  never  mine. 

I  am  pretty  active  for  a  man  in  his  ninetieth  year  ; 
my  rambling  is  over,  and  now  limited  to  between  this 
manor  and  Baltimore.  I  should  be  happy  to  see  you 
again,  and  of  this  I  despair  from  the  causes  mentioned 
in  your  letter  and  in  this.  Your  recovery  from  your 
late  indisposition  will  soon  permit  me  [you  ?]  to  resume 
the  cold  bath  which  I  have  used,  at  intervals,  upwards  of 
fifty  years.  Since  coming  here  I  have  gone  into  my  cold 
bath  only  thrice  owing  to  the  damp  and  cool  weather; 
when  settled  and  warmer  I  shall  resume  the  habit.  I 
have  always  taken  great  delight  in  reading  ;  the  weakness 
of  my  eyes  deprives  me  of  that  pleasure.  Conversing  with 
the  dead  we  are  amused  and  instructed,  and  not  flat- 


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356         Charles  Carroll  of  Carrollton. 

tered  ;  to  be  excluded  from  their  conversation  at  my 
time  of  life  is  a  serious  misfortune  ;  to  be  exempt  from 
every  evil  in  this  state  of  probation  is  the  lot  of  very  few, 
if  of  any. 

You  seem  to  think  your  letter  is  too  garrulous  ;  I  am 
pleased  with  its  garrulity ;  dtdccest  dccipene  in  loco.  Re- 
flecting on  the  prosperous  termination  of  the  contest 
with  England  ;  the  fortitude,  steady  perseverance  dis- 
played and  the  privations  suppressed  \sic\  during  its 
continuance  what  consolation  must  they  not  feel  who 
were  actors  in  it. 

With  respect  and  esteem,  I  remain.  Dear  Sir, 
Your  friend  and  humble  servant 

Charles  Carroll  of  Carrollton. 

To  the  Hon.  Richard  Peters,  Philadelph  a.' 

Home  affections  and  domestic  interests  occupied 
now  the  larger  place  in  the  correspondence  of  the 
aged  statesman.  He  had  written  to  his  agent  from 
Baltimore  in  May,  ordering  wagons  to  be  sent  in 
from  the  Manor  to  carry  things  out,  preparatory  to 
his  removal  there  for  the  summer.  And  in  antici- 
pation of  the  usual  hospitality  exercised  at  his 
country  home,  two  barrels  of  port  wine,  containing 
twenty-nve  gallons  each,  had  been  despatched  to 
the  Manor  a  month  or  two  before.  ' 

From  "  Doughoregan,"  June  1  Ith,  Charles  Carroll 
wrote  to  his  son-in-law,  Richard  Caton,  telling  him 
of  the  prospects  for  wheat,  of  the  new  lime-kiln,  the 
rebuilding  of  the  saw-mill  dam,  the  putting  new 
stones  in  the  grist-mill,  and  other  plantation  affairs. 

'  Pennsylvania  Ilistoncal  Society. 
»  MS.  Letter,  Worthington  C.  Ford. 


irroll 
him 

I,  the 
new 

[airs. 


Letter  on  Religious  Liberty.  357 

Mrs.  Harper,  who  had  not  been  in  good  health,  had 
left  him  that  morning  to  go  to  the  Springs.  The 
latter  continues:  "When  shall  I  have  the  pleasure 
of  seeing  you  and  my  daughter  at  the  Manor  ? 
Little  Mary  Wellesley  has  a  cold  and  is  teething. 
The  cold  affects  somewhat  her  spirits,  but  I  appre- 
hend no  danger.  I  hope  the  waters  of  Leamington, 
change  of  air,  and  company,  and  the  return  of  spring, 
if  they  do  not  perfectly  restore  the  Marchioness's 
health,  will  in  a  great  degree  alleviate  her  com- 
plaints. It  is  probable  that  the  Marquis  may  hold 
another  year  the  lieutenancy  of  Ireland."  "  Mr. 
Vaughn"  is  mentioned  as  at  the  Manor  in  July,  and 
he  goes  from  there  to  Long  Branch.  Mrs.  McTavish 
was,  (with  her  family,)  spending  the  summer  with 
her  grandfather. 

Charles  Carroll  rented  his  house  and  garden  in  An- 
napolis to  Mr.  John  Randall  in  1827.  His  farm  near 
the  town  was  rented  to  a  Mr.  Nichols,  who  raised  to- 
bacco 0,1  it,  having  several  hogsheads  on  hand  in 
August  of  this  year.  In  September  we  find  Charles 
Carroll  importing  a  quantity  of  wine  from  Leghorn, 
for  the  use  of  his  family.'  One  other  letter  of  Charles 
Carroll  of  Carrollton's,  of  general  interest,  is  extant, 
written  in  1827.  This  was  addressed  to  the  Rev. 
John  Standford,  of  New  York,  and  is  upon  the  sub- 
ject of  religious  liberty : 

DoUGHOREGAN,  October  9,  1827. 

Reverend  and  dear  Sir  : 

I  was  yesterday  favored  with  your  friendly  letter  of  the 
loth  past,  and  the  discourses  on  the  opening  of  the  House 

'  Letters  to  Richard  Caton,  Esq. 


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358  Charles  Carroll  of  Carrollto7i. 


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of  Refuge  and  on  the  death  of  Jefferson  and  Adams.  The 
former  I  have  not  yet  read.  With  the  latter  I  am  highly 
pleased  and  I  sincerely  thank  you  for  your  pious  wishes  for 
my  happiness  in  the  life  to  come.  Your  sentiments  on  relig- 
ious liberty  coincide  entirely  with  mine.  To  obtain  re- 
ligious, as  well  as  civil  liberty,  I  entered  zealously  into  the 
Revolution,  and  observing  the  Christian  religion  divided 
into  many  sects,  I  founded  the  hope  that  no  one  would  be 
so  predominant  as  to  become  the  religion  of  the  State. 
That  hope  was  thus  early  entertained,  because  all  of  them 
joined  in  the  same  cause,  with  few  exceptions  of  indi- 
viduals. God  grant  that  this  religious  liberty  may  be  pre- 
served in  these  States,  to  the  end  of  time,  and  that  all 
believing  in  the  religion  of  Christ  may  practice  the  lead- 
ing principle  of  charity,  the  basis  of  every  virtue. 
I  remain  with  great  respect,  Rev.  Sir, 

Your  most  humble  Servant, 
Charles  Carroll  of  Carollton. 
To  the  Rev.  John  Standford,  Chaplain  of  Humane  and 
Criminal  Institutions  in  the  City  of  New  York.' 

It  was  about  this  time  that  John  H.  B.  Latrobe 
published  his  sketch  of  Charles  Carroll  of  Carroll- 
ton,  in  Sanderson's  Biography  of  the  Signers.  Mr. 
Latrobe  writes  in  later  years  : 

"  After  I  had  finished  my  work,  I  took  it  to  Mr.  Carroll 
whom  I  knew  very  well  indeed,  and  read  it  to  him,  as  he  was 
seated  in  an  arm  chair  in  his  own  room  in  his  son-in-law's 
house  in  Baltimore.  He  listened  with  marked  attention 
and  without  a  comment  until  I  had  ceased  to  read,  when 
after  a  pause  he  said  :  '  Why,  Latrobe,  you  have  made  a 

'  Scharf's  "  History  of  Maryland,"  vol.  ii.,  p.  136,  foot-note. 


ite. 


Letter  to  Javies  Monroe, 


59 


much  greater  man  of  me  than  I  ever  thought  I  was  ;  and 
yet  really  you  have  said  nothing  in  what  you  have  written 
that  is  not  true.'  In  my  mind's  eye  I  see  Mr.  Carroll  now, 
a  small,  attenuated  old  man,  with  a  prominent  nose  and 
somewhat  receding  chin,  small  eyes  that  sparkled  when  he 
was  interested  in  conversation.  His  head  was  small  and 
his  hair  white,  rather  long  and  silky,  while  his  face  and 
forehead  vverv_  seamed  with  wrinkles.  But  old  and  feeble  as 
he  seemed  to  be,  his  manner  and  speech  were  those  of  a 
refined  and  courteous  gentleman,  and  you  saw  at  a  glance 
whence  came  by  inheritance  the  charm  of  manner  that  so 
eminently  distinguished  his  son,  Charles  Carroll  of  Home- 
wood,  and  his  daughters  Mrs.  Harper  and  Mrs.  ('aton." 

James  Monroe  published  a  pamphlet  in  1828,  ad- 
dressed to  the  "  people  and  government  of  the 
United  States  "  sending  a  copy  to  Charles  Carroll  of 
Carrollton.  The  latter  wrote  the  following  letter  of 
thanks  in  reply  : 

Baltimore,  23d  April,  1828. 

Dear  Sir  : 

I  received  a  few  days  since,  your  friendly  letter  of  the 
18th  instant,  conveying  your  Memoir  to  the  ])eople  and 
government  of  the  United  States.  I  have  not  yet  had 
time  to  read  the  whole,  but  will,  with  all  the  attention  the 
subject  requires.  From  a  passage  in  your  letter  1  derive 
the  hope  of  a  personal  interview,  when  we  will  discourse 
on  the  subjects  detailed  in  your  Memoir  and  on  the  trans- 
actions your  letter  has  recalled  to  my  recollection.  In 
speaking  of  my  services  to  our  country,  all  that  in  truth 
I  can  say  is,  that  you  overrate  ihcm  ;  they  were,  how- 

'  Applctotis  CyclopLcdia  of  American  Biography,  edition  of  iSS8, 
art.  on  Charles  Carroll  of  Carrollton. 


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360         Charles  Carroll  of  Carrollton, 

ever,  disinterested,  persevering  and  confident  of  ultimate 
success.  I  remain  with  great  respect,  dear  Sir, 

Your  most  humble  servant, 
Ch.  Carroll  of  Carrollton. 
To  James  Monroe,  Esq.,  late  President  of  the  United 
States,  Aldie,  Loudon  Co.,  Virginia.' 

A  compliment  was  paid  to  Charles  Carroll  of  Car- 
rollton in  May  1828,  by  the  House  of  Representa- 
tives in  bestowing"  upon  him  the  franking  privilege. 
This  is  given  him,  said  the  Speaker,  as  a  "token  of 
distinguished  respect  and  veneration  which  Congress 
entertains  toward  an  early  and  devoted  friend  to  lib- 
erty, and  one  who  stood  eminently  forward  in  the 
purest  and  noblest  band  of  patriots  that  the  world 
has  ever  seen."  Charles  Carroll  replied:  "This 
privilege  I  consider  an  honorable  approbation  of  the 
part  I  took  in  the  Revolution,  and  commands  my 
grateful  acknowledgments  and  thanks."  '^ 

The  4th  of  July,  1822,  was  celebrated  in  Maryland 
by  the  laying  the  corner-stone  of  the  Baltimore  and 
Ohio  Railroad  by  the  Grand  Lodge  of  Masons,  in 
which  ceremonies  Charles  Carroll  of  Carrollton  bore 
a  conspicuous  part.  The  pick,  spade,  hammer  and 
trowel  that  were  to  be  used  were  all  presented  to 
Charles  Carroll  by  the  Blacksmiths'  Association, 
and  he  wrote  a  letter  to  them  July  15th,  thanking 
them  for  an  address  they  had  made  to  him,  and  say- 
ing he  had  delivered  these  instruments  to  the  direc- 
tors of  the  road,  to  be  employed  in  its  construction. 
He  ad  is : 

'  MS.  Letter,  D.  McN.  Stauffer,  New  York. 
'■^  Niles's  Register,  vol.  xxxiv. ,  p.  216. 


Baltimore  and  Ohio  Railroad. 


361 


**  You  observe  that  republics  can  exist,  and  that  the 
people  under  that  form  of  government  can  be  happier 
than  under  any  other.  That  the  republic  created  by  the 
Declaration  of  Independence  may  continue  to  the  end  of 
time  is  my  fervent  prayer.  That  protracted  existence, 
however,  will  depend  on  the  morality,  sobriety  and  in- 
dustry of  the  people,  and  on  no  part  more  than  on  the 
mechanics,  forming  in  our  cities  the  greatest  number  of 
their  most  useful  inhabitants."  ' 

The  implements  hero  enumerated  arc  still  pre- 
served, and  with  the  badge  worn  by  Charles  Carroll 
of  Carrollton  on  this  occasion,  were  among  the 
relics  exhibited  by  the  Baltimore  and  Ohio  Railroad 
at  the  World's  Fair  in  Chicago.  Charles  Carroll 
was  on  the  first  Board  of  Directors  of  this,  the  first 
Railroad  Company  in  the  United  States.  In  a  letter 
to  William  Gibbons,  written  February  28th,  1829, 
Charles  Carroll  has  something  to  say  on  the  ques- 
tion then  agitating  England,  of  "  Catholic  Eman- 
cipation ": 

"  The  Duke  of  Wellington's  letter  to  the  R.  C.  primate 
satisfies  me  that  the  Roman  Catholic  will  never  be  re- 
stored to  equal  rights  with  the  rest  of  the  King's  subjects 
until  the  British  nation  cease  to  be  persecuting,  the 
Established  Church  [becomes  ?]  dispassionate  and  dis- 
interested, and  the  Protestant  ascendancy  in  Ireland 
cease  to  be  selfish,  I  am  pleased  with  the  Primate's 
answer  to  the  Duke's  letter.  It  speaks  the  language  of 
truth  ;  'you  dare  not  from  the  fear  of  losing  your  place, 
hazard  the  attempt  of  getting  an  act  passed  which  you 
think  just,  and  conducive  to  the  welfare  of  your  country.' 

'  Ibid.,  p.  346. 


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362  Charles  Carroll  of  Carrollton. 

I  am  of  the  Primate's  opinion  ;  were  the  Emancipation 
act  passed  all  the  virulence  of  party  and  opposition 
would  cease  in  a  few  weeks  after  its  passage."  ' 

On  the  death  of  Bushrod  Washington,  Charles 
Carroll  of  Carrollton  was  elected  president  of  the 
American  Colonization  Society,  P^ebruary,  1830. 
Charles  Carroll  was  now  obliged,  from  his  impaired 
sight,  to  employ  an  amanuensis.  Two  letters  of  iiis 
are  extant  written  in  1830,  one  to  the  Rev.  Mr. 
Sprague,  of  Albany,  giving  an  account  of  his  gene- 
alogy, from  which  extracts  have  been  made  in  pre- 
vious chapters,  and  the  other  to  the  Superior  of  the 
Sulpitians,  upon  donating  land  and  fifty  shares  of 
bank  stock  to  St.  Charles  College,  Howard  County 
(formerly  Anne  Arundel).  The  corner-stone  of  St. 
Charles  College  was  laid  by  Charles  Carroll  of  Car- 
rollton on  ground  which  had  been  part  of  the  Manor 
estate,  July  i  ith,  1831.  In  the  letter  referred  to,  con- 
veying the  deed,  Charles  Carroll  writes  :  "  I  request 
that  mass  be  said  once  a  month  for  myself  and  fam- 
ily. .  .  .  That  this  gift  may  be  useful  to  religion  and 
aid  our  church  in  rearing  those  who  will  guide  us  in 
the  way  of  truth,  is  the  fervent  prayer  of  your  sincere 
friend,  etc."  "  The  College,  with  its  imposing  build- 
ings and  beautiful  grounds,  is  to-day  in  a  flourishing 
condition  and  one  of  its  priests  holds  services  regu- 
larly in  the  Chapel  of  "  Doughoregan  Manor,"  a 
walk  of  about  a  mile,  after  crossing  the  turnpike 
road,  through  the  Manor  park. 

'  New  York  State  Library,  Albany,  N.  Y. 

"^  Records.  Clerk's  Office.  Ellicott  City,  Md.     Family  papers,  Rev. 
Thomas  Sim  Lee. 


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CHARLES  CARROLL  OF  ANNAPOLIS. 

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His  Latter  Years  Described. 


363 


The  Rev.  Mr.  Pise  in  his  oration  upon  Charles 
Carroll,  previously  quoted,  gives  an  interesting  pic- 
ture of  him  in  these  last  years  of  his  life.  From 
1822  to  1832  Mr.  Pise  had  been  honored,  as  he  says, 
with  the  familiar  acquaintance  of  Charles  Carroll  of 
CarroUton  "and  his  delightful  family."  He  tells, 
from  personal  observation  of  this 

"venerable  and  serene  old  age,  of  those  rare  virtues 
which  adorned  him,  of  his  simplicity  of  heart  and  man- 
ner, urbanity,  elegant  hospitality,  social  intercourse  with 
his  friends,  solicitude  and  care  for  his  domestics  and 
slaves,  suavity,  alacrity,  charity,  liberality,  piety,  religion, 
[to  which]  thousands  can  bear  testimony.  I  have  seen 
him.  .  .  .  spending  his  summers  under  the  shade  of 
those  trees  which  his  father's  hand  had  planted  nearly  a 
century  and  a  half  ago,  and  which  consociare  amant  love 
to  twine  their  hospitable  boughs  over  the  venerable  man- 
sion of  *  Doughoregan.' " 

He  then  describes  his  manner  of  life  in  summer, 
enumerating  the  early  rising,  the  cold  bath,  and 
morning  ride  on  horseback,  followed  by  prayers,  or 
hearing  mass  in  the  chapel,  if  the  chaplain  was  there. 
Later  the  hours  given  to  reading  his  favorite  English 
authors.  Pope  and  Addison,  and  the  other  writers  he 
had  learned  to  love  in  his  youth ;  the  Greek  and 
Roman  classics,  with  volumes  such  as  Wraxall's 
Memoirs^  Eustace's  Travels  in  Italy,  of  which  he 
makes  mention  in  some  of  his  letters.  He  was  fond, 
too,  of  French  literature.  His  "conversations  with 
the  dead "  were  varied  by  conversation  with  his 
guests,  the  Manor  seldom  being  without  visitors. 


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364  Charles  Carroll  of  Carrollion, 

Of  the  winter  months  spent  with  Mrs.  Caton  in  Bal- 
timore, Mr.  Pise  writes : 

"  Nothing  could  be  more  delightful  than  the  fireside 
character  of  this  amiable  Patriot.  The  social  nature  of 
the  hearth  and  the  blaze  seemed  to  excite  his  spirits  to  an 
unrestrained  flow  of  conversation,  wit,  hilarity  and  jocose 
entertainment.  His  old  age  was  the  very  reverse  of  that 
of  the  generality  of  mankind,  as  described  by  Horace. 
.  .  .  .  He  found  fault  with  none,  and  so  far  from 
being  a  castigator  minoru?n,  he  displayed  peculiar  conde- 
scension, and  evinced  an  especial  partiality  towards  the 
young,  in  whose  company  he  appeared  to  catch  once 
more,  all  the  fire  and  vivacity  of  youth." 

He  loved  to  talk  of  the  Revolution.  This,  says 
Mr.  Pise,  was  his  favorite  topic : 

"  It  was  deeply  riveted  in  his  recollection,  with  all  its 
details  and  all  its  dangers  ;  often  have  I  heard  him  tell, 
with  an  eye  flashing  with  enthusiasm,  of  the  destitute  state 
of  the  country,  of  the  want  of  troops,  of  discipline,  of 
ammunition,  of  everything,  when  the  first  Congress  de- 
clared the  Colonies  independent.  The  members  of  that 
Congress  were  all  fresh  in  his  memory.  He  would  often 
describe  the  persons  and  characters  of  the  leading  per- 
sonages of  those  days,  and  passages  of  their  speeches 
which  had  then  made  an  impression  on  his  mind,  he  still 
remembered.  '  Were  I  to  enter  the  Hali,  at  this  remote 
period,'  I  once  heard  him  say,  *  and  meet  my  associates 
who  signed  the  instrument  of  our  independence,  I  would 
know  them  all,  from  Hancock  down  to  Stephen  Hop- 
kins.' " 

He  read  his  beautiful  editions  of  the  classics,  says 
Pise,  up  to  his  ninety-third  year. 


Gratifying  Public  Tribute. 


365 


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ays 


"  I  once  entered  his  study,  and  found  him  intently  ab- 
sorbed in  meditating  the  treatise  of  Cicero  on  old  age. 
He  entered  on  a  highly  entertaining  and  critical  discus- 
sion on  the  subject  of  the  philosophic  writings  of  that 
extraordinary  Roman.  He  seemed  to  turn  with  inex- 
pressible satisfaction  to  some  passages  of  the  treatise  he 
was  perusing ;  and  dwelt  with  a  deep  feeling  of  the  wis- 
dom of  it,  on  the  admirable  sentiment,  following  the  line 
cited  from  Ennius. 

Nemo  me  lachrymis  decoret  neqtte  fitncra  fletu 

Faxil 

Non  censet  lugendam  mortem,  quam  immortalitas  conseqiiattir. 

*  After  the  Bible,'  he  added,  with  his  peculiar  earnestness 
and  vivacity  of  manner,  *  and  the  Following  of  Christy 
give  me.  Sir,  the  philosophic  works  of  Cicero.'  "  ' 

It  is  a  peculiarly  appropriate  circumstance  that 
the  last  letter  known  to  be  extant,  written  by 
Charles  Carroll  of  CarroUton,  was  penned  on  the 
occasion  of  the  proposed  celebration  in  Baltimore  of 
the  centennial  of  Washington's  birthday.  It  fitly 
closes  the  correspondence  of  the  aged  patriot,  link- 
ing the  final  months  of  his  life  with  the  patriotic  past 
of  which  he  had  been  a  part. 

Baltimore,  20th  Feb.,  1832. 
I.  J.  Cohen,  Esq. 

Sir: 

I  have  a  pleasure  in  acknowledging  the  receipt  of  your 
Letter  acting  as  chairman  of  the  General  Committee  for 
the  celebration  of  the  centennial  anniversary  of  the  late 

*  Oration  of  Rev.  Constantine  Pise,  D.D.,  Georgetown,  183a. 
Printed  by  Joshua  N.  Rind. 


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366  Charles  Carroll  of  Carrollton. 

General  Washington,  I  am  sensible  of  the  honor  donf. 
me  by  the  Committee,  and  would  gladly  accept  the  invi- 
tation, did  my  health  admit  of  it.  I  have  been  confined 
to  the  house  for  many  weeks,  and  altho'  I  have  regained 
my  health  I  should  be  afraid  of  exposure  to  a  cold  air. 
The  event  you  are  about  to  commemorate  must  be  felt  by 
every  individual  who  loves  his  country  and  who  can  ap- 
preciate the  blessings  it  enjoys.  To  General  Washington 
mainly  belongs  under  the  protection  of  Providence,  these 
blessings,  and  I  have  in  unison  with  my  fellow-country- 
men offered  up  my  prayers  to  that  Providence  which  sus- 
tained us,  and  my  gratitude  to  the  memory  of  the  man 
whose  virtues  so  ably  maintained  the  struggle  that  created 
us  into  a  Nation,  and  by  whose  wisdom  it  was  fostered, 
and  now  flourishes. 

Accept  my  respectful  thanks  and  consideration,  to 
yourself  and  the  Committee,  and  believe  mc  to  be 

Your  obedient  humble  servant 
Ch.  Carroll  of  Carrollton.' 

The  "  Young  Men's  National  Republican  Con- 
vention "  met  in  Washington  on  the  nth  of  May, 
1832,  and  passed  resolutions  outlining  their  posi- 
tion on  the  political  questions  of  the  hour,  opposing 
the  re-election  of  Jackson,  and  advocating  Henry 
Clay  as  their  candidate  for  President.  They  ap- 
pointed a  committee  consisting  of  one  delegate 
from  each  of  the  States  they  represented,  and  one 
from  the  District  of  Columbia,  to  express  to  Charles 
Carroll  of  Carrollton,  "  the  last  surviving  Signer  of 
the  Declaration  of  Independence,  the  high  sense 
entertained  by  the  members  of  this  convention,  of 

'  MS.  Letter,  Miss  M.  A.  Cohen,  Baltimore. 


r  t 


Final  Illness  and  Death. 


3^7 


'  >{' 


the  virtues  of  himself  and  associates  and  of  their 
labors  in  the  great  cause  of  national  union  and  inde- 
pendence." The  committee  went  to  Baltimore  and 
waited  upon  Charles  Carroll  in  person,  being  intro- 
duced to  him  separately  by  Brantz  Mayer  of  Mary- 
land, their  chairman.  Mr.  Mayer  delivered  an 
address,  and  an  eloquent  letter  was  read  from  the 
three  hundred  young  men  composing  the  conven- 
tion.' Charles  Carroll  must  have  been  deeply 
touched  by  this  tribute  of  youthful  enthusiasm,  the 
last  public  ovation  he  lived  to  receive.  And  in 
returning  verbally  his  thanks  to  the  delegation  he 
closed  the  dramatic  episode,  where  the  Past  and 
Future  clasped  hands,  Carroll  the  Federalist  salut- 
ing Clay  the  Whig.  But  there  was  another  party 
still  more  significant  of  the  future  of  his  section 
and  of  his  descendants,  which  was  to  hold  a  con- 
vention a  little  later  and  to  put  on  record  its  appre- 
ciation of  Charles  Carroll  of  Carrollton.  While  the 
convention  of  South  Carolina,  called  to  pass  the 
Ordinance  of  Nullification,  vas  in  session,  intelli- 
gence reached  them  of  the  death  of  Carroll.  They 
immediately,  by  a  unanimous  vote,  passed  resolu- 
tions of  regret,  and  the  members  were  instructed  to 
wear  the  usual  badge  of  mourning,  crape  on  the 
left  arm,  for  thirty  days." 

On  the  14th  of  November,  1832,  came  the   last 


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'  Niles's  Register,  vol.  xHi.,  p.  236.  It  is  interesting  to  note  that 
Brantz  Mayer  lived  to  write  the  Memoir  of  Carroll  for  the  "Centen- 
nial Memorial "  of  1876. 

'  Hid.,  vol.  xliii.,  p.  299.  Congress  put  on  mourning  for  Carroll 
three  months,  a  tribute  hitherto  paid  only  to  Washington. 


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368  Charles  Carroll  of  Carrollton. 

scene  in  this  remarkable  life,  when  full  of  years  and 
full  of  honors  Charles  Carroll  of  Carrollton  was 
gathered  to  his  fathers.  Of  his  last  illness  the  Rev. 
Mr.  Pise  writes  : 

"  He  met  his  end  like  a  philosopher  and  a  Christian. 
As  long  as  I  possess  the  power  of  memory  I  shall  never 
forget  the  interview  which  I  had  with  the  dying  patriot, 
a  short  time  before  he  sank  in  death.  He  was  seated  on 
a  couch,  in  the  room  in  which  he  had  been  accustomed 
to  receive  his  familiar  friends  ;  his  daughter  hung  in  deep 
grief  over  one  side,  and  his  granddaughter  watched  by 
the  other,  in  tears ;  he  was  at  the  moment  of  my  enter- 
ing in  a  state  of  lethargy,  but  he  soon  awoke  from  it,  and, 
on  my  being  made  known  to  him,  'You  find  me  very 
low,'  he  whispered,  *  I  am  going,  Sir,  to  the  tomb  of  my 
Fathers.'  The  earnest  expression,  the  calm  resignation, 
the  amiable  conviction,  with  which  he  uttered  this  senti- 
ment, displayed  his  character  as  a  philosopher,  as  much, 
perhaps,  as  any  act  or  saying  of  his  past  life.  And  when 
he  found  that  the  ladies  melted  with  grief,  he  endeavored 
to  turn  their  attention  from  the  approaching  catastrophe 
by  jesting  about  his  physicians,  whom  he  facetiously 
styled  his  Esculapiuses." ' 

One  of  these  physicians,  Dr.  Richard  Steuart,  thus 
describes  the  death  of  Charles  Carroll  of  Carroll- 
ton : 

"  It  was  toward  sundown  in  the  month  of  November, 
and  very  cold  weather.  In  a  large  room — his  bed-room 
— a  semicircle  was  formed  before  a  large,  open  fire-place. 
The  venerable  old  man  was  in  a  large  easy-chair ;  in  the 
centre,  before  him,  a  table  with  blessed  candles,  an  an- 

'  Oration,  by  C.  C.  Pise,  Georgetown,  1832, 


A  Beautiful  Christian  Faith.  369 

tique  silver  bowl  of  holy  water,  and  a  crucifix  ;  by  his 
side  the  priest,  Rev.  John  E.  Chaunce,  President  of  St. 
Mary's  College  and  afterwards  Bishop  of  Natchez, — in  his 
rich  robes,  about  to  offer  him  the  last  rites  of  the  Holy 
Catholic  Church.  On  each  side  of  his  chair  knelt  a 
daughter  and  grandchildren,  with  some  friends,  making 
a  complete  semicircle  ;  and  just  in  the  rear,  three  or  four 
old  negro  servants,  all  of  the  same  faith,  knelt  in  the  most 
venerating  manner.  The  whole  assemblage  made  up  a 
picture  never  to  be  forgotten.  The  ceremony  proceeded. 
The  old  gentleman  had  been  for  a  long  time  suffering 
from  weak  eyes,  and  could  not  endure  the  proximity  of 
the  lights  immediately  before  him.  His  eyes  were  there- 
fore kept  closed,  but  he  was  so  familiar  with  the  forms 
of  this  solemn  ceremony  that  he  responded  and  acted  as 
if  he  saw  everything  passing  around.  At  the  moment  of 
offering  the  Host  he  leaned  forward  without  opening  his 
eyes,  yet  responsive  to  the  word  of  the  administration  of 
the  holy  offering.  It  was  done  with  so  much  intelligence 
and  grace,  that  no  one  could  doubt  for  a  moment  how 
fully  his  soul  was  alive  to  the  act." 

The  narration  of  Dr.  Steuart  then  enters  into  the 
little  details  illustrating  his  piety,  his  unfailing  cour- 
tesy.    When  pressed  to  take  food  after  his  long  fast, 

"  in  the  most  gentle  and  intelligent  manner  he  replied, 
'Thank  you,  Doctor,  not  just  now  ;  this  ceremony  is  so 
deeply  interesting  to  the  Christian  that  it  supplies  all  the 
wants  of  nature.  I  feel  no  desire  for  food.'  In  a  few 
moments  more  one  of  his  granddaughters  and  the  doctor 
lifted  him  from  the  chair  and  placed  him  in  his  bed.  He 
said  to  them,  *  Thank  you  ;  that  is  nicely  done.'  " 

VOL.   11,-34 


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Wlicn  again  urged  to  take  some  nourishment,  he 
refused,  and  soon  after  fell  into  a  doze.  While 
sleeping,  his  position  seemed  to  become  uncomfort- 
able, and  the  doctor  lifting  liim  to  an  easier  one, 
he  looked  up  and,  seeing  who  it  was,  said,  "Thank 
you,  doctor."  These  were  his  last  words.  *'  It  was 
after  midnight,  the  hour  not  exactly  remembered, 
when  the  vital  spark  went  out  without  a  struggle, 
he  breathing  as  calmly  as  if  falling  into  a  gentle 
sleep."  ' 

Doubtless  it  was  some  time  in  this,  his  last  illness, 
and  he  had  been  for  weeks  "  declining  from  ossifica- 
tion of  his  heart  and  the  debility  of  old  age,"  that 
he  gave  utterance  to  the  sentiments  recorded  by 
the  Rev.  Mr.  Pise,  and  often  quoted  as  the  **  last 
words  "  of  Charles  Carroll  of  Carrollton  : 

"  I  have  lived  to  my  ninety-sixth  year  ;  I  have  enjoyed 
continued  health,  I  have  been  blessed  with  great  wealth, 
prosperity,  and  most  of  the  good  things  which  the  world 
can  bestow — public  approbation,  esteem,  applause  ;  but 
what  I  now  look  back  on  with  the  greatest  satisfaction 
to  myself  is,  that  I  have  practiced  the  duties  of  my  re- 
ligion." 

'  Appletotis  younial,  September  ig,  1874.  Magazine  of  Ameri- 
can History,  February,  1878,  articles  by  J.  C.  Carpenter. 


^M!<i 


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last 


APPENDIX  C. 
CARROLL  WILLS,    I718.    i;28,    1780.    183I. 

APPENDIX  D. 
GENEALOGICAL  NOTES. 


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APPENDIX  C. 

CAKROLL  Wi]  f.S. 

WILL  OF  CHARLKLi  CARROLL. 

In  the  name  of  God,  Amen. 

I  Charles  Carroll  of  Anne  Arurdt  '  County,  being  at  the 
writing  hereof  in  perfect  health  of  Body,  and  of  sound 
mind,  memory  and  understanding,  but  taking  into  seri- 
ous consideration  the  frailty  and  uncertainty  of  this  Life, 
and  being  designed  by  God's  divine  permission  to  make 
a  voyage  into  Europe  speedily,  and  willing  to  leave  my 
worldly  affairs  in  the  clearest  aud  best  condition  which 
my  circumstances  will  admitt  of,  in  order  to  prevent  all 
disputes  or  misunderstandings  that  may  by  any  means 
arise  betwixt  my  loving  wife,  children  or  Relations  after 
my  decease  do  make  and  ordain  this  my  Last  Will  and 
testament  in  manner  and  form  following,  hereby  revok- 
ing, annulling  and  making  void  all  former  Wills,  testa- 
ments or  other  Codicills  heretofore  by  me  made,  and 
declaring  this  to  be  my  last  Will  and  Testament. 

Imprimis. 

I  Give  and  Bequeath  my  Soul  to  God  who  gave  it,  my 
body  to  the  Earth,  hoping  that  through  and  by  the  mer- 
itts,  sufferings,  and  nediation  of  my  only  Savior  and 
Redeemer  Jesus  Christ,  I  may  be  admitted  into  the 
heavenly  Kingdom  prepared  by  God  for  those  who  love, 

373 


r 


n 


^^ 


.'•( 


I  \ 


'mm* 


1 1 


V 


•'J    > 


Ml 


374        Charles  Carroll  of  Carrollton. 

fear  and  truly  serve  Him,  and  as  to  the  worldly  posses- 
sions, Estate  and  Goods  which  God  of  His  infinite 
bounty  far  above  my  deserts  hath  been  pleased  to  be- 
stow upon  me,  I  give  and  bequeath  as  followeth,  vizt.  : 
I  order  all  my  just  debts  to  be  paid,  &c. 

I  give  such  poor  people  of  this  Province,  as  shall  be 
thought  by  my  Trustees,  hereafter  named,  the  fittest 
objects  of  Charity,  the  quantity  of  five  thousand  pounds 
of  Tobacco,  to  be  forthwith  as  the  season  will  admit, 
paid  out  of  the  best  and  securist  of  my  Debts  and  dis- 
posed pursuant  to  the  Direction  of  the  said  trustees  or 
the  Survivors  of  them  for  the  best  advantage  and  relief 
of  such  poor  whose  prayers  I  begg  for  the  repose  of  my 
Soul,  in  case  there  be  no  reddy  tobacco  debts  due  at  the 
time  of  decease,  the  [same]  to  be  paid  them  in  money  at  a 
penny  pr  pound.  I  likewise  give  to  the  poor  of  this 
town  the  sume  of  tenn  pounds  to  be  distributed  the  day 
of  my  buriall  or  otherwise  when  my  death's  known. 

Item. — I  give  unto  my  said  trustees  tenn  thousand 
pounds  of  tobacco  and  twenty  pounds  sterling  to  be  dis- 
posed to  such  charitable  uses  as  I  shall  direct. 

Item  3. — I  give  and  devise  unto  my  loving  wife  Mary 
Carroll  all  my  houses-hould  goods,  bedding,  linen,  woolen, 
brass,  pewter  Iron,  Chests,  Chest  of  Drawers,  tables, 
chairs,  cheny,  glass,  looking  glasses,  and  Generally  all 
utensils  of  househould  stuff  that  shall  be  in  use  at  my 
dwelling  house  at  Annapolis  at  the  time  of  my  death, 
my  plate  excepted,  which  I  hereby  give  to  my  three 
Sonnes,  to  be  equally  divided  between  them,  as  they 
respectively  come  to  age  ;  and  allsoe  excepting  my  after 
[altar  ?]  plate  which  I  give  solely  to  my  sone  Henry,  but 
my  will  is  that  my  loving  wife  have  the  keeping  and  use 
of  Charles  and  Daniells  parte's  of  the  said  househould 
plate  'till  my  said  Sone  Charles  come  to  age,  and  likewise 


Appendix  C. 


375 


the  keeping  and  use  of  my  sone  Daniell's  parte  while  she 


lives. 


Item. — I  like\ 


said  1( 


wife  di 


iwise  devise  unto  my  said  loving 
ing  her  lifetime  my  tract  of  Land  in  Prince  Georges 
County  called  Enfield  Chace,  containing  about  sixteen 
hundred  Acres. 

Item. — I  likewise  devise  to  my  said  wife  my  dwelling 
house  at  Annapolis  during  her  life,  but  if  my  Sonne  Henry 
shall  agree  to  build  her  such  a  house  as  she  shall  like, 
and  on  such  part  of  Enfield  Chase  as  she  shall  direct, 
then  he  to  enjoy  my  said  dwelling  house  as  my  heir  at 
Law.  And  I  hereby  devise  and  appoint  that  my  Execu- 
tors, or  any  of  them,  place  thereon  at  convenient  quar- 
ters to  the  good  likeing  of  my  said  wife,  fifteen  able 
negroe  Slaves  to  be  at  the  direction  of  my  said  wife,  her 
overseer  or  overseers  to  make  Crops  of  Corne,  tobacco 
graine,  or  doe  any  other  labour  or  work  whatever  they 
shall  be  sett  about,  and  the  produce  to  be  for  the  sole 
use  of  my  said  wife,  her  Executors  and  Administrators, 
and  in  case  of  the  death  or  disability  of  any  of  such  slaves 
at  any  time  dureing  my  wife's  life,  I  doe  will  and  appoint 
that  my  Ex'"  put  another  in  his  or  their  place,  and  keep 
the  number  complete  while  my  said  Wife  lives,  and  after 
her  death  that  such  negroes  be  divided  amongst  my  Ex- 
ecutors, and  this  provision  I  make  for  my  wife  in  full 
compensation  for  her  Dower  of  my  Real  Estate  and 
rationabile parti  bonorum  of  my  personall  estate.  I  fur- 
ther give  unto  my  wife  my  Chariott  and  Horses  with 
all  it's  furniture  thereunto  belonging. 

Item, — I  will  order  and  appoint  that  untill  Enfield 
Chase  be  sufficient  to  raise  stock  enough  to  support  itself 
that  my  Executors  furnish  from  some  other  of  my  planta- 
tions what  it  falls  short  of  a  reasonable  subsistence  for 
the  Slaves,  and  that  in  case  my  wife  shall  think  fitt  to  con- 


I 


...ir/'  ^ 


76        Charles  Carroll  of  Carrollton. 


>  ti 


!•   ^'% 


!  F'J! 


»,i*' 


'!"S,' 


tinue  her  habitation  at  Annapolis  she  shall  have  during 
such  her  continuance  the  use  of  my  old  Plantation  and 
such  stock  as  shall  be  thereon  at  the  time  of  my  death, 
making  good  the  principall,  as  also  free  wooding  for  her 
house  on  any  part  of  the  said  Land.  And  for  a  further  ad- 
dition towards  a  decent  maintenance  for  my  said  Wife  I 
give  her  one  thousand  pounds  sterling  to  be  paid  by  my 
Executors  in  six  months  after  my  death,  and  do  therewith 
as  she  shall  think  fitt. 

Item. — I  also  give  and  bequeath  unto  my  said  wife  for 
her  better  support  the  rents  of  my  houses  and  Lotts  at 
Annapolis  during  her  widowhood,  except  the  Lotts  herein 
named  vizt  the  house  and  Lott  I  bought  of  Mr.  Wornell 
Hunt,  \vhich  I  hereby  devise  unto  my  son  Charles  and 
the  Heirs  of  his  Body  lawfully  begotten,  and  my  Market 
house  Lott  which  I  give  to  my  son  Daniell  and  the  heirs 
of  his  Body  lawfully  begotten,  my  Lott  bought  of  Wil- 
liam Taylord  which  I  give  to  my  Daughter  Mary  and  the 
heirs  of  her  body  lawfully  begotten,  and  the  lott  whereon 
Edward  Smithe  lives  which  I  give  to  my  Daughter  Elianor 
and  the  heirs  of  her  body  lawfully  begotten. 

Item. — I  also  give  unto  my  said  two  Daughters  Mary 
and  Elianor  one  Moyety  of  my  tract  of  Land  of  twenty 
thonsand  acres,  intended  to  be  laid  out  for  me  on  Poto- 
mack  to  have  and  to  hold  five  thousand  acres  thereof  to 
my  Daughter  Mary  and  the  heirs  of  her  body  lawfully  be- 
gotten, and  for  want  of  such  heirs,  to  her  sister  Elianor 
and  the  heirs  of  her  body  lawfully  begotten,  the  other 
five  thousand  acres  I  devise  to  my  daughter  Elianor  and 
the  heirs  of  her  body  lawfully  begotten,  and  for  want  of 
such,  to  my  daughter  Mary,  and  the  heirs  of  her  body 
lawfully  begotten,  and  if  both  my  said  Daughters  should 
die  without  Issue,  or  enter  into  religion,  then  the  re- 
mainder to  descend  to  my  heir  at  Law. 


Appendix  C 


^n 


Item. — I  likewise  give  unto  each  of  my  said  two  Daugh- 
ters one  thousand  pounds  sterling  to  be  paid  respectively 
at  their  ages  of  sixteen  years,  or  days  of  marriage  ;  and 
in  the  mean  time  the  Interest  of  their  money  to  goe  tow- 
ards their  maintenance,  and  in  the  case  of  the  death  of 
either  of  them  before  their  respective  age  of  sixteen 
years,  or  marriage,  then  I  devise  the  portion  of  that  so 
deceasing  to  the  other  sister,  and  in  case  of  both  their 
deaths  before  the  said  age  or  marriage,  then  I  give  the 
said  two  thousand  pounds  to  my  Executors,  and  in  case 
my  said  Daughters  should  not  prove  dutyful  to  their 
mother  and  my  trustees  hereafter  named  and  marry  ac- 
cording to  the  directions  of  them  or  ye  survivor  of  ihem, 
then  I  leave  them  to  the  discretion  of  their  said  mother, 
and  my  said  trustees  as  to  their  fortunes. 

Item. — I  give  devise  and  bequeath  unto  my  two  Sones 
Charles  and  Daniell  all  my  lands  in  Baltimore  County, 
except  those  hereinafter  expressed  wherein  I  have  an  ab- 
solute Estate  in  fee  simple,  and  which  are  free  from  con- 
ditions, limitations  or  Equity  of  redemption  on  payment 
of  money,  as  also  all  the  land  which  at  any  time  during 
my  life  I  may  take  up  or  purchase  in  fee  simple  in  the 
said  County,  to  have  and  to  hold  unto  my  said  sons 
Charles  and  Daniell,  viz.  the  one  Moiety  thereof  unto  my 
son  Charles  and  his  heirs  forever,  and  the  other  Moiety 
thereof  to  my  son  Daniell  and  his  heirs  forever,  to  be 
equally  divided  share  and  share  alike. 

Item. — I  devise  unto  my  four  kinswomen  Elinor  Boyd, 

Margerett  Macnamarra,  Joyce  Bradford  and Maccoy 

my  tract  of  land  in  Baltimore  County  called  Encles  good 
will,  to  be  equally  divided  betwixt  them  and  their  heirs 
forever,  and  to  my  kinswoman  Johanna  Crocksdell  five 
pounds  current  money,  and  to  my  kinsman  Major  John 
Bradford  six  pounds  to  buy  him  a  mourning  suit.     In 


1  iv    I 


H' 


'•t  t, 


■  1 


r/'V' 


378         Charles  Carroll  of  Carrollton. 


w  ' 


\  \ 


} 


liV; 


I'll 


ir  'IhJ 


case  any  gift  or  legacy  be  made  to  my  wife  during  my  life, 
or  that  any  divisionall  part  of  the  estate  of  any  parent  or 
Relation  fall  to  her  in  that  time,  my  will  is  that  it  be  reck- 
oned no  part  of  my  Estate,  but  do  hereby  give  the  same 
to  my  said  Wife,  to  be  disposed  of  as  she  shall  think  fitt. 

I  give  unto  my  loving  kinsmen  Thomas  Macnemara, 
James  Carroll,  William  Fritzredmond,  Charles  Carroll, 
Dominick  Carroll,  Michael  Taylor  and  Daniel  Carroll  the 
sum  of  six  pounds  each  to  buy  them  mourning. 

Whereas  I  now  have  several  sums  of  money  out 
upon  mortgages  and  bills  of  Sale  for  negroes,  and  other 
personall  goods  and  probably  may  have  others  at  the 
time  of  my  decease,  I  doe  therefore  hereby  give  and 
devise  the  same  to  my  Executors  and  their  heirs  towards 
payment  of  what  just  debts  I  shall  owe  at  the  time  of  my 
Death  and  for  payment  of  my  Legacys  and  gifts  afore- 
said, and  all  the  rest,  as  allso  all  my  personall  estate  what- 
soever, whether  consisting  of  negro  slaves,  horses,  cattle, 
ready  money,  money  in  England  in  the  hands  of  any  of 
my  correspondants,  or  of  any  other  denomination  or  kind 
whatsoever  be  the  same  in  money  or  tobacco  debts,  out- 
standing or  reduced  into  possession,  I  give  and  bequeath 
to  my  said  Executors  equally  to  be  divided  between 
them  share  and  share  alike,  and  I  doe  hereby  nominate, 
ordain,  constitute  and  appoint  my  three  Sons  Henry, 
Charles  and  Daniell  and  ye  survivors  of  them  to  be 
Executors  of  this  my  last  will  and  testament,  and  I  fur- 
ther appoint  that  my  loving  Brothers-in-law  Mr.  Henry 
Darnall,  Mr.  Benjamin  Hall,  My  Kinsmen  Mr.  James 
Carroll  and  Daniel  Carroll  to  be  overseers  and  trustees 
thereof  to  see  the  same  punctually  observed  and  fulfilled 
and  in  case  of  the  absence  or  inability  of  my  Executors 
to  take  the  Execution  thereof  upon  themselves  according 
to  the  true  intent  and  meaning  thereof,  and  for  the  use 


5*  1 1.. 


U\ 


Appendix  C, 


379 


therein  mentioned,  hereby  Earnestly  recomending  to 
them  by  their  good  advice  and  instructions  to  recomend 
to  my  said  Executors  virtue,  sobriety  andadecent  frugal- 
ity, and  retain  [restrain  ?]  as  much  as  possible  can  be 
the  extravagancy  incident  to  youth. 

I  doe  hereby  revoke,  annull,  cancell  and  make  void 
all  former  wills,  testaments,  or  codicils  by  me  made,  and 
declare  this  to  be  my  only  last  Will  and  Testament,  and 
no  other  this  first  day  of  December,  one  thousand  Seven 
hundred  and  Eighteen 

Charles  Carroll. 
[Seal] 

Signed,  Sealed  declared  and  published  the  day  and  year 
aforesaid,  in  the  presence  of 

Luke  Gardner 

Jacob  Henderson 

D.  Dulany 

John  Gresham 

Thos.  Stewart. 

On  the  back  of  the  aforegoing  Will  was  thus  endorsed 
viz. 

July  the  twenty-eighth,  seventeen  hundred  and  twenty. 
The  Reverend  Jacob  Henderson  and  John  Gresham 
Esq.  two  of  the  evidences  subscribing  the  within  Will 
make  Oath  that  they  saw  Charles  Carroll  Esq.  the  within 
testator  seal  the  within  instrument  as  his  last  Will  and 
Testament,  and  that  he  published  and  declared  the  same 
so  to  be,  and  that  at  the  time  of  his  so  doing  he  was  of 
sound  and  perfect  mind  and  memory,  but  that  to  the  best 
of  their  remembrance  they  did  not  see  him  subscribe  the 
same,  his  name  being  writt  to  the  seal  before  they  see  it, 
but  that  they  are  well  acquainted  with  his  handwriting, 
he  acknowledging  it  so  to  be  before  them  before  me 

Th.  Bordley  Com'*^  GEN'*^ 


'<  .  k 


I     fl 


,11 


'11 


I 


m 


\ 


lit. 


380         Charles  Carroll  of  Carrollton. 

Eodem  Die 

Mr.  Henry  Darnall  Mr.  Jas.  Carroll  Mr.  Daniell  Car- 
roll three  ex'"  of  the  within  Will  mentioned  make  Oath 
that  they  do  not  know  of  any  later  Will  or  Testament 
made  by  the  said  Testator  in  his  lifetime  but  believe 
this  to  be  his  last  Will  and  Testament, 

before  me 
Th.  Bordley  Com"^  Gen\ 

Likewise  Madame  Mary  Carroll  the  Widow  of  the  De- 
ceased makes  oath  as  above  the  same  Day,  and  also  de- 
clares her  consent  to,  and  acceptance  of  the  legacies  and 
Devises  in  the  within  will,  and  that  she  is  well  satisfied 
therewith  in  lieu  of  any  other  claims  she  might  have 
against  the  Deceased  estate  according  to  Act  of  Assembly. 

Th.  Bordley  Com''"'  GEN^ 

Vide  further  probate  to  this  will  in  Lib.  C.C.  No.  3,  folio  293, 
anno  1731. 


I  ) 


i  J  \l 


!'  S  I  51 


m 


WILL  OF  JAMES  CARROLL. 

In  the  name  of  God,  Amen. 

I  James  Carroll  of  Tingaul  in  Alhallows  Parish  in  Ann 
Arundel  County  being  through  the  Mercy  of  God  in  per- 
fect Health,  do  declare  what  follows  to  be  my  last  Will 
and  Testament,  hereby  revoking  all  other  wills  hereto- 
fore by  me  made.  First  I  humbly  Recomend  and  give 
my  soul  unto  my  heavenly  Father  through  whose  Mercy 
and  the  Merits  of  Christ  Jesus  I  most  humbly  hope  for 
eternal  happiness. 

Item. — T  desire  that  all  my  just  debts  (which  are  few 
and  small)  be  punctually  paid. 

Item. — I  give  to  forty  such  poor  mendicants  of  and  in 
the  parishes  of  English  and  Lorrah  in  lower  Ormund  in 


'!l„l 


:IV 


Appendix  C, 


38" 


M* 


the  County  of  Tipperary  in  the  Kingdom  of  Ireland  as 
my  Executors  or  such  as  they  or  the  Major  part  of  them 
shall  appoint  to  distribute  the  same,  shall  deem  proper 
objects  of  charity,  the  sura  of  ten  shillings  Irish  money  a 
piece. 

Item. — I  give  to  such  twenty  poor  people  in  this  parish 
of  my  Residence,  and  the  Parish  where  my  Quarters  are 
in  Prince  Georges  County  such  as  my  P^xecutors  shall 
judge  to  be  in  necessity,  two  Barrels  of  Indian  Corn  a 
piece  at  times  at  their  Discretion,  within  four  years  after 
my  decease,  to  be  delivered  if  applied  for  at  my  dwelling 
place,  or  Carrollburgh,  or  part  at  one,  or  part  at  another, 
at  the  discretion  of  the  proprietors  of  those  places.  I 
desire  that  such  of  my  apparel  as  may  be  fit  (and  not  in- 
decent) for  my  slaves  to  wear,  may  be  given  to  such  of 
them  as  are  honest,  and  have  a  sense  of  Christian  dutys, 
as  Tomboy,  Jack,  Jerey,  Dick  etc.  And  that  means  may 
be  used  (at  the  discretion  of  my  devisee)  to  Instruct 
them  all  in  the  Christian  Doctrine. 

Item. — It  is  my  Will  and  desire  that  with  all  Conven- 
ient Reasonable  speed  my  Debts  be  received  or  secured 
after  the  best  manner  my  Executors  can.  I  empower 
my  Executors,  or  the  Major  part  of  them,  to  sell  and 
dispose  of  all  my  Lands  in  Baltimore  County,  my  Lands 
in  Somerset  County,  all  my  Lands  in  Calvert  County, 
also  all  my  Mortgages  and  Bills  of  Sale  with  Conditions 
for  Redemption.  Also  my  two  Lots  in  Annapolis,  lying 
near  the  head  of  the  Creek,  and  which  I  bought  of  Mr. 
John  Hammond — the  neat  produce  or  amount  of  my 
Debts  aforesaid,  the  sale  of  my  Lands,  Lotts,  Mortgages, 
and  bills  of  sale  aforesaid,  I  dispose  of  and  in  the  fol- 
lowing manner  :  Imprimis,  I  appoint  that  out  of  it  and 
my  money  Lodged,  or  that  shall  be  in  the  London 
Merchants  hands  (which  is  to  be  understood  as  part  of 


i    '• 


\ 


■id 


t 


r; 


i    I 


i 


382        Charles  Carroll  of  Car rollton. 


iS 


^1  r 


my  outstanding  debts)  my  debts  be  satisfyed,  after  which 
I  desire  and  appoint  one  thousand  pounds  sterling  of 
the  produce  aforesaid  be  applied  towards  the  Education 
of  my  Nephew  and  heir  apparent  Anthony  Carrol,  my 
Brother  Daniel's  only  son,  to  be  laid  out  in  the  manner 
hereinafter  mentioned,  that  is  to  say,  one  hundred 
pounds  sterling  to  be  laid  down  in  consideration  of  all 
charges  in  going  through  his  lower  studys,  and  (at  the 
discretion  of  my  Executors,  or  the  survivors  of  them) 
such  summes  annually  afterwards  as  may  enable  him  to 
go  through  his  higher  studys,  and  so  on  through  a  course 
of  the  study  of  Law  or  physick.  But  physick  Rather,  as 
it  may  afford  the  least  temptation  to  change  his  Religion. 
And  in  Case  my  nephew  shall  dye  or  prove  unsusceptive 
of  Learning,  or  prove  Incorrigible,  or  want  application 
in  any  of  the  courses  aforesaid  before  he  attains  to 
Twenty  one  years — then  it  is  my  Will  and  I  do  require 
my  Executors  to  discontinue  the  application  of  money 
to  his  education,  or  if  he  prove  vicious,  to  also  discon- 
tinue. In  which  cases  It  is  my  Will  that  the  money 
designed  for  his  education  be  applyed  to  the  education 
of  my  Nephew  James  Carroll,  son  of  my  brother  Michael 
if  he  shall  not  exceed  sixteen  years  of  age  at  my  Death, 
but  if  he  shall,  to  be  laid  out  on  such  one  of  his  brothers 
as  shall  not  be  sixteen  years  at  the  time  of  my  death.  I 
do  recommend  to  my  Executors  to  place  the  one  thou- 
sand pounds  sterling  after  a  secure  manner  at  Interest 
so  as  the  Interest  may  defray  the  ordinary  annual  stipends 
necessary  to  be  expended  for  his  education.  And  fur- 
ther it  is  my  will  that  in  case  any  friend  or  Guardian 
hinder  or  obstruct  the  Childs  being  educated  in  such 
place  and  after  such  manner  as  my  Executors  shall  think 
fit,  that  in  such  case  the  money  be  not  laid  out  on  him, 
but  be  applyed  as  in  case  of  his  Death  as  above.     And 


MIv' 


i^., 


Appe7tdix  C. 


383 


lest  any  dispute  should  hereafter  arise  about  this  point 
between  my  said  cosin  Anthony  or  his  guardian  and  my 
Executors,  so  great  is  my  confidence  in  my  Executors 
that  I  leave  it  to  them  to  apply  the  said  thousand  pounds 
and  its  interest  at  their  choice  to  my  Nephew  James  or 
Anthony,  It  being  my  will  that  whatsoever  Child  or 
Children  of  my  Brothers  receive  benefit  by  this  will  be, 
until  they  go  and  pass  through  their  studys  already  men- 
tioned, at  the  Intire  direction  of  my  Executors,  or  the 
survivors  of  them.  It  is  my  Will  in  case  my  Nephew 
Anthony  aforesaid  lave  and  do  not  forfeit  my  good  De- 
signs for  him  by  any  the  means  above  mentioned,  that 
after  his  passing  through  his  studys  aforesaid,  he  have 
the  thousand  pounds  aforesaid,  or  so  much  as  shall  re- 
main unexpended  on  him.  I  give  to  my  Cosins  Domin- 
ick,  Anthony  and  Daniel  Carrolls,  sons  of  my  brother 
Michael,  five  hundred  acres  of  land  each  to  them — sev- 
erally and  their  Heirs  and  assign?  severally  forever  out 
of  a  Tract  of  Land  called  pork  Hall,  lying  at  pipe  creek, 
the  remaining  nine  hundred  and  eighty  I  bequeath  to 
my  sister  Johanna  Croxell,  and  my  cosin  Mary  Higgins, 
to  them  and  their  Heirs  severally  forever.  Notwithstand- 
ing what  is  already  said  with  Relation  to  my  Lands  in 
Baltimore  County,  I  bequeath  to  my  Cosin  Michael  Tay- 
lor my  tract  of  land  called  Bin  containing  about  seven 
hundred  and  odd — Acres,  to  him  and  his  heirs  forever. 
My  Land  called  the  Hop  yard  I  bequeath  to  my  Cousins 
Edward  Tully  and  Michael  Tully's  two  sons,  that  is  to 
say  one  half  to  Edward,  his  heirs  and  assigns,  the  other 
half  to  the  aforesaid  two  sons  their  Heirs  and  assigns. 
It  is  my  will  that  the  survivors  of  my  Executors  may  act 
and  do  what  all  my  Executors  are  empowered  to  act  or 
do  by  my  will.  I  bequeath  to  my  Cosin  Anthony  Carroll 
now  with  me,  two  Negroes  viz  Hen  .y  and  Mary,  to  be 


1 
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384  Charles  Carroll  of  Carrollton. 

delivered  if  alive,  to  him  the  tenth  of  October  after  my 
decease  the  better  to  enable  him  to  seat  his  five  hundred 
acres  of  land,  which  is  to  be  laid  out  in  a  convenient 
form  where  he  shall  think  fit  to  seat  if  he  settles  first ;  I 
bequeath  to  my  sister  Johanna  my  two  Negroes  James 
and  Daniel,  provided  she,  her  husband  and  their  Family, 
or  the  survivors  of  them  will  remove  to  and  settle  on  the 
above  five  hundred  acres  to  her  given,  to  be  delivered  to 
her,  if  alive,  the  loth  of  October  after  my  decease,  pro- 
vided they  go  and  seat  the  land  as  aforesaid  the  same 
fall.  And  it  is  my  Will  that  the  Residue  (after  the  thou- 
sand pounds  as  aforesaid  bequeathed  to  my  Cosin  An- 
thony Carroll  son  of  my  Brother  Daniel),  of  what  my 
standing  Debts,  Money  in  England,  Bills  of  Exchange 
remitted.  Tobacco  remitted  or  to  be  remitted  or  housed, 
Lands,  Mortgages  and  Bills  of  Sales,  or  other  securities 
shall  amount  to,  I  give  and  appoint  to  be  disposed  of  as 
follows.  That  is  to  be  laid  out  and  expended  on  the 
education  of  such  two  of  my  Brother  Michael's  Sons  as 
are  under  and  nearest  fifteen  years  of  age  at  my  death. 

Having  sold  to  George  Jeams  a  piece  of  Land,  another 
to  Francis  Day  for  which  I  am  paid,  I  authorize  my 
Executors,  or  any  two  of  them  to  convey  them  to  the 
said  George  and  Francis  according  to  agreement.  I  've 
also  sold  two  hundred  acres,  part  of  pork  Hall,  to  George 
Roberts — I  empower  my  Executors,  or  any  two  of  them, 
on  receiving  the  consideration  money  to  make  the  Land 
over  to  him.  /  bequeath  to  my  very  dear  Cosen  and  God- 
son Charles  Carroll  the  ps.  or  parcel  of  a  Lot  of  Ground 
given  me  by  him  and  his  mother ^  also  the  Lott  adjoining  there- 
to ^  lying  partly  between  the  same  and  half  a  Lott  bought  of 
Benjamin  Tasker  Esq.  and  ivhereon  my  new  house  is,  also 
the  aforesaid  half  Lott  bought  of  Mr.  Tasker,  all  lying 
adjoining  one  to  the  other  in  the  City  of  Annapolis,  unto  him 


^'J. 


Appendix  C. 


385 


J  my 

3  the 

I've 


God- 
round 
there- 
ktof 
also 
lying 
him 


the  said  Charles  his  heirs  and  assigns  forever}  I  also 
bequeath  unto  the  said  Charles  my  dwelling  place  con- 
sisting of  two  parcels  of  Land  containing  about  four 
hundred  and  sixty  acres.  Also  what  remains  unsold  of 
Bright  Seat  and  Ayno  near  Petuxent,  above  the  head  of 
South  River  in  Ann  Arundel  County,  also  my  Lands 
called  Carrols  Burgh,  Chenys  plantation,  and  about 
sixty  acres,  part  of  Ridgely  and  Tylors  Chance,  in  all 
upwards  of  two  thousand  acres  lying  in  Prince  George's 
County,  also  my  two  Lotts  in  Queens  Anne  Town,  and 
two  parcells  of  Land  near  the  said  Town,  one  bought  of 
Thomas  Lancaster,  the  other  of  Turner  Wootten,  lying 
in  the  said  county.  I  bequeath  and  give  unto  him  the 
said  Charles  his  Heirs  and  assigns  forever,  also  all  my  ser- 
vants and  slaves,  household  stuff,  goods,  and  chatties  and 
personal  estate  whatsoever,  or  wheresoever  and  of  what 
denomination  soever,  not  before  disposed  of  in  and  by  this 
will,  unto  him  the  said  Charles  and  his  assigns  forever. 
I  desire  there  be  one  hundred  pounds  sterling  laid  down 
and  paid  for  my  nephew  James,  his  education  in  his 
lower  studyes,  and  that  there  be  paid  to  bear  his  expenses 
to  London  in  order  to  be  sent  thence  to  School  where 
my  Executors  shall  order,  fifteen  pounds  sterling  more, 
all  which,  as  well  as  my  debts,  to  be  paid  out  of  my 
money  in  England,  outstanding  debts,  lands  and  mort- 
gages, Bills  of  Sale,  tobacco  housed,  shipped  or  ready  to 
be  shipped  designing  no  Diminution  whatsoever  to  be 
made  of  my  General  Devise  to  my  Cosen  Charles  Carroll. 
I  appoint  my  Cosen  Anthony  my  heir  at  Law,  and  my 
aforesaid  Cosen  James,  my  joint  Executors,  and  during 
their  minority  and  absence,  Cosen  and  Godson  Charles 
Carrol,  Mr.  John  Diggs,  Mr.  Francis  Hall,  and  my  Cosen 
Doctor  Charles  Carroll  of  Annapolis,  Executors  of  this 
'  These  italics  are  not  in  the  original  will, 

VOL.  II.— 25 


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386  Charles  Carroll  of  Car rollton. 


»^ 


Witnesses  that  the  same 
was  signed  and  scaled  and 
declared  as  his  Will  in 
presence  of  us. 


my  last  will  and  testament  in  testimony  whereof  I  have 
hereunto  Set  my  hand  and  seal  this  twelfth  day  of  Feb- 
ruary one  thousand  and  seven  hundred  and  twenty  eight, 
in  the  presence  of  the  Witnesses  thereunto  subscribed. 

James  Carroll. 
[Skal] 
Samuel    Chew   of   Maid- 
stone 
RiCF[ARi)  Hill 
Wm.  Richardson 
And.  Taile. 
Om  the  buck  of  the  aforegoing  will  was  thus  endorst,  viz. 

June  27th,  1729. 
Then  canm  Doctor  Richard  Hill,  one  of  the  subscrib- 
ing evidences  to  the  within   will,  who  takes  his  test  in 
usual  form  (being  one  of  the  people  called  Quakers)  that 
he  saw  the  within  named  James  Carroll  the  Testator  sign 
and  seal  the  within   Instrument  as  his  Last  Will  and 
testament,  and  at  the  same  time  heard  him  publish  and 
declare  the  same  to  be,  and  that  at  the  Time  of  his  so 
doing  he  was  of  sound  disposing  mind  and  memory  to 
the  best  of  his  knowledge,  and  he  further  afifirms  that  he 
signed  as  an  evidence  in  the  presence  of  the  Testator. 
Affirmed  to  before  me  the  day  and  year  above 
John  Beale,  Deputy  Com""', 

A.  A.  County. 
July  24th,  1728. 
Then  came  Doctor  Samuel  Chew  of  Maidstone,  one  of 
the  subscribing  evidences  to  the  within  will  who  takes 
his  test  in  usual  form,  (being  one  of  the  people  called 
Quakers)  that  he  saw  the  within  named  James  Carroll  the 
Testator  sign  and  seal  the  within  instrument  as  his  last 
will  and  testament,  and  at  the  same  time  heard  him  pub- 
lish and  declare  the  same  so  to  be,  and  that  at  the  time 


I 


Appendix  C, 


387 


of  his  so  doing  he  was  of  sound  disposing  mind  and 
memory,  to  the  best  of  his  knowledge,  and  he  further  af- 
firms that  he  signed  as  an  evidenre  in  the  i)resen(:e  of  the 
Testator,  and  that  tlie  other  evidences  ti)  the  within  will 
signed  as  lOvidences  thereto  at  the  samet'me. 

Affirmed  to  before  me  the  day  and  year  last  mentioned. 
John  Bkamc,  Dki-uty  C*>m"\ 

A.  A.  County. 

Whereas  I  James  Carroll  of  Allhallow's  parish  at  South 
River  hundred  in  Ann  Arundel  County,  have  by  my  Last 
Will  and  Testament,  bearing  date  the  twelfth  Day  of 
this  Instant  February  Anno  Doni,  1728  bequeathed  unto 
my  cosin  Charles  Carrol  a  certain  part  of  my  estate,  In 
trust  and  confidence  that  he  would  invest  therewith  my 
Good  friend  Mr.  George  Thorold  of  Portoliacco,  in 
Charles  County,  Hut  through  a|>prehen[sion]  of  the  said 
Charles  Death  1  do  by  this  Codicil  which  I  desire  and  re- 
quire to  be  deemed  and  taken  as  part  of  my  Last  Will 
and  Testament,  Confirm  and  Give  unto  the  said  George, 
what  I  expected  and  do  not  doubt  the  said  Charles  would 
give  pursuant  to  my  instruction  if  Death  or  other  acci- 
dent did  not  interpose  Hereby  confirming  my  former 
Will  in  all  respects  except  the  following  clause,  which  I 
do  hereby  rescind  annull  and  make  void  af'  to  the  sai<l 
Charles  his  heirs,  executors  and  administrators.  It  is 
thus  expressed  viz — I  also  bequeath  unto  the  said  Charles 
my  Dwelling  Place  consisting  of  two  parcels  of  Land  con- 
taining about  Four  hundred  and  sixty  acres,  also  what 
remains  unsold  of  Bright  seat  and  Ayno  near  Patuxent, 
above  the  head  of  South  River  in  Ann  Arundel  County, 
also  my  lands  called  Carrollsburgh,  Cheneys  Plantation, 
and  about  sixty  acres  part  of  Ridgeiy  and  Tylers  Chance, 
in  all  upwards  of  two  thousand  Acres  lying  in  Prince 
Georges  County,     Also  my  two  Lotts  lying  in  Queen 


:! 


i    \ 
i 


388        Charles  Carroll  of  Carrollton. 


«      il 


P- 


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ill 


Anns  Town,  and  two  parcels  of  Land  lying  near  the  said 
Town,  one  bought  of  Thomas  Lancaster,  tother  of  Turner 
VVooten  lying  in  the  said  county,  also  all  my  servants  and 
slaves,  Household  stuff,  goods  and  chattels  and  personal 
estate  whatsoever  or  wheresoever  and  of  what  Denomina- 
tion soever,  all  which  I  give  and  bequeathed  to  the  said 
Charles,  his  heirs  and  a?signs  forever.  But  now  by  this 
codicil  do  hereby  give,  devise  and  bequeath  the  aforesaid 
Lands  goods  and  chattels  in  as  full  and  ample  manner 
unto  the  aforesaid  George  Thorold,  his  heirs  and  assigns 
forever,  as  the  same  are  bequeathed  to  my  Af^**  Cosin, 
and  do  hereby  give  and  bequeath  the  aforementioned 
Lands  and  the  goods  and  chatties  aforesaid  unto  the  said 
George  Thorold,  his  heirs  and  assigns  forever.  And  in 
case  of  his  Death  before  me  then  I  bequeath  the  aforesaid 
Lands,  and  Goods,  Chatties  unto  my  very  good  friend  Mr. 
Peter  Attwood  of  Portobacco  aforesaid,  his  heirs  and 
assigns  forever.  And  in  case  of  both  their  Deaths  before 
mine,  then  I  bequeath  the  aforesaid  Lands  &  Goods  & 
chatties  unto  Mr.  Joseph  Greaton  his  heirs  and  assigns 
forever. 

In  witness  whereof  I  have  hereunto  set  my  hand  and 
seal  this  seventeenth  day  of  February  one  thousand, 
seven  hundred  and  twenty-eight. 

James  Carroll. 
[Seal] 

Signed,  sealed  published  and  declared  as  a  Codicil  to 
his  last  will  in  the  presence  of  us 

John  Walch  Anth.  Carroll 

his 
John  B.  Galloker 
mark. 

On  the  back  of  the  aforegoing  Codicil  was  thus  en- 
dorsed 


I 


Appendix  C 


389 


June  27,  1729. 

Then  came  John  Welsh  and  John  Galloker,  two  of  the 
subscribing  evidences  to  the  within  Instrument,  who 
makes  Oath  upon  the  Holy  Evangelist  of  Almighty  God 
that  they  see  the  within  named  James  Carroll,  the  Tes- 
tator sign  and  seal  the  within  Instrument  as  a  Codocil  or 
part  of  his  last  Will  and  Testament,  and  at  the  same  time 
heard  him  publish  and  Declare  the  same  so  to  be,  and 
that  at  the  time  of  his  so  doing  he  was  of  sound  disposing 
mind  and  memory  to  the  best  of  their  knowledge,  and 
that  they  signed  as  evidences  to  the  within  Instrument  in 
the  presence  of  the  Testator. 

Sworn  to  before  me  the  day  and  year  above 

John  Beale,  Dep^\  Com"^'., 

A.  A.  County. 

July  15,  1729. 

Then  came  John  Galloker  and  also  made  Oath  on  the 
Holy  Evangely  of  Almighty  God,  that  Anthony  Carroll, 
one  of  the  evidences  to  the  within  instrument  or  codicil, 
signed  as  an  evidence  thereto  at  the  same  time  with  the 
said  John  Galloker,  in  the  presence  of  the  Testator. 
Sworn  to  before  me,  the  day  and  year  last  mentioned. 
John  Beale,  Deputy  Com'*''., 

A.  A.  County. 

July,  ye  21st,  T729. 

Then  came  John  Walch  and  also  made  oath  on  the 
Holy  Evangelists  of  Almighty  God,  that  Anthony  Car- 
roll, one  of  the  Evidences  to  the  within  Instrument  or 
Codicil  signed  as  an  evidence  thereto  at  the  same  time 
with  the  said  John  Walch  in  the  presence  of  the  Testator. 
Sworn  to  before  me  the  day  and  year  last  mentioned 
John  Beale,  Deputy  Com***., 

A.  A.  County. 


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1 


390         Charles  Carroll  of  Carrollton. 

LAST   WILL   AND   TESTAMENT   OF   CHARLES 
CARROLL  OF  ANNAPOLIS. 

1780-1782. 


tn  ■ 


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In  the  name  of  God,  Amen. 

I,  Charles  Carroll  of  Anne  Arundel  County,  at  the  writ- 
ing hereof  in  perfect  health  of  body  and  of  sound 
memory  and  understanding,  for  which  I  thank  God,  Do 
make  and  ordain  this  my  last  will  and  testament  in  the 
manner  following. 

Imprimis,  I  order  all  my  just  debts  to  be  paid,  which 
are  but  few  and  small.  2nd.  I  order  my  body  to  be 
buried  as  privately  as  possible  consistently  with  decency. 
3rd.  Whereas  my  nephew  Charles  Carroll  and  his  sisters 
Eleanor  and  Mary  are  entitled  to  a  moiety  of  severall 
lands,  as  may  appear  by  my  father's  will,  I  do  hereby 
empower  my  executor  hereinafter  named,  to  sell  all  the 
said  lands  which  I  have  not  already  sold  and  accounted 
for,  and  to  pay  one  moiety  of  the  proceeds  to  the  repre- 
sentatives of  niy  said  nephew  Charles  Carroll  and  his 
sister  Eleanor,  and  to  his  sister  Mary,  my  niece. 

4th.  Whereas  my  cousin  Rachell  Darnall  always  behaved 
very  dutifully  to  my  late  wife,  her  aunt,  and  in  her  last 
sickness  was  very  tender  of  her  and  tended  her  with  the 
greatest  care  and  affection  and  has  by  a  long  residence 
with  me  merited  my  esteem  and  affection,  I  bequeath  to 
my  said  Cousin  Rachall  Darnall  thirty  pounds  sterling  to 
be  paid  her  in  three  months  after  my  death.  I  also  be- 
queath to  my  said  Cousin  Rachell  Darnall  thirty  pounds 
sterling  a  year  during  her  life,  the  first  yearly  payment 
to  be  made  in  twelve  months  after  my  death. 

Item,  all  other  my  estate  both  real  and  personal  of 
what  kind  or  nature  soever  not  herein  before  bequeathed, 


I'  It 


1.1/^, 


Appendix  C. 


391 


with  all  my  lands,  houses,  etc.,  now  in  my  possession  or 
which  I  shall  purchase  before  my  death,  I  give  and  be- 
queath unto  my  son  Charles  Carroll  by  my  late  wife 
Elizabeth  Brooke,  the  daughter  of  Clement  Brooke,  Esq  : , 
to  him  I  say  I  bequeath  them  and  to  his  heirs  forever  in 
fee  simple. 

7th,  I  constitute  and  appoint  my  son  Charles  Carroll 
my  whole  and  sole  executor  of  this  my  last  will  and 
testament. 

8th  Item,  I  do  hereby  nominate,  constitute,  and  api)oint 
my  said  son  Charles  Carroll  my  whole  and  sole  executor 
to  prove  this  my  will  in  the  Commissary's  office  by  the 
subscribing  witnesses  thereto  for  passing  my  lands  and 
real  estate  as  herein  before  mentioned  and  to  entitle  him- 
self to  Letters  Testamentary  thereon  to  enable  himself  to 
recover  what  may  be  due  to  me  and  that  he  then  also  give 
good  and  undoubted  security  for  his  performance  of  this 
will,  and  payment  of  all  my  debts,  for  which  purpose  I 
desire  he  will  have  undersign  an  admission  of  assetts  but 
by  no  means  to  lodge  any  inventory  or  list  of  debts  or  to 
pass  any  account  of  my  estate  in  any  publick  oflice. 

9th,  Lastly  I  declare  this  to  be  my  last  will  and  testa- 
ment and  I  hereby  revoke  all  wills  by  me  heretofore  made. 
In  witness  whereof  I  have  hereunto  set  my  hand  and 
seal  this  nineteenth  day  of  June  Anno  Domini,  one  thou- 
sand, seven  hundred  and  eighty.  Cha  :   Carroll. 

[Seal] 

Signed,  sealed,  published,  and  declared  by  Charles  the 
Testator  to  be  his  last  Will  and  testament  in  the  presence 
of  us  the  subscribers, 

Edwd.  Gaithek,  Jr., 

Reuben  MEREWEATF^ER, 

Thomas  Dorsev, 

RiDGELV    WaRKIELD. 


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392  Charles  Carroll  of  Carrollton, 


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At  the  foot  of  the  foregoing  Will  were  the  following  en- 
dorsements to  wit : 

Anne  Arundel  County  Set.,  the  5th  day  of  June,  1782, 
Then  came  Edvv''  Gaither  J',  Thomas  Dorsey  and  Ridgely 
Warfield  three  of  the  subscribing  witnesses  to  the  within 
last  will  and  testament  of  Charles  Carroll  late  of  Anne 
Arundel  County  deceased,  and  severally  made  oath  on  the 
Holy  Evangely  of  Almighty  God,  that  they  did  see  the 
Testator  therein  named  sign  and  seal  this  will,  and  that 
they  heard  him  publish,  pronounce  and  declare  the  same 
to  be  his  last  will  and  testament,  that  at  the  time  of  his 
so  doing  he  was  to  the  best  of  their  apprehension,  of 
sound  and  disposing  mind,  memory  and  understanding  ; 
and  that  they  respectively  subscribed  their  names  as  wit- 
nesses to  this  will,  in  the  presence  and  at  the  request  of 
the  Testator,  and  in  the  presence  of  each  other,  and  that 
they  also  saw  Reuben  Meriweather  subscribe  his  name  as 
a  witness  to  this  will  in  the  presence  of  the  Testator  and 
at  his  request. 

Certified  by  Thos.  Gassaway, 
Reg.  Wills,  Anne  A.  County. 

Anne  Arundel  County  Set.  June  5th,  1782,  Came 
Charles  Carroll  of  Carrollton  the  executor  appointed  in 
the  within  will  and  made  oath  on  the  Holy  Evangely  of 
Almighty  God  that  the  within  instrument  of  writing  is 
the  true  and  whole  will  and  testament  of  Charles  Carroll 
late  of  Anne  Arundel  County  deceased,  that  hath  come 
to  his  hands  or  possession  ;  and  that  he  doth  not  know 
of  any  other  made  since. 

Certified  by  Thos.  Gassaway, 

Reg.  Wills,  Anne  A.  Co^ 

Maryland,  Anne  Arundel  County,  Set : 

I  hereby  certify,  that  the  within  and  foregoing  Will  of 
Charles  Carroll  is  truly  copied  from  Liber  T.  G.  No.  i, 


Appendix  C 


393 


of 


of 


of 


folio  1 06,  out  of  the  Will  Record  Books  in  the  office  of 
the  Register  of  Wills  for  Anne  Arundel  County  aforesaid. 
In  testimony  whereof,  I  hereunto  subscribe  my  name  and 
affix  the  Seal  of  the  Orphans'  Court  for  Anne  Arundel 
County,  this  i8th  day  of  October,  A.  D.,  1883. 
Test: 

John  W.  Brasheass, 
Register  Wills,  A.  A.  County. 

WILL  OF  CHARLES  CARROLL  OF 
CARROLLTON. 

State  of  Maryland  : 

I,  Charles  Carroll  of  Carrollton,  of  Anne  Arundel 
County,  in  the  said  State,  do  make  this  my  last  will  and 
testament,  in  manner  following,  hereby  revoking  all  for- 
mer wills  and  codicils  by  me  made,  that  is  to  say  : — 

To  my  Grandson  Charles  Carroll  and  his  Heirs,  I 
devise  all  my  Island  in  Chesapeake  Bay,  called  Poplar 
Island  also  all  my  Lots  and  Houses  in  the  City  of  An- 
napolis, (except  the  Houses  and  Lots  hereinafter  devised  to 
my  daughter  Mary  Caton),  also  all  my  Estate,  Plantation, 
or  tract  of  Land  in  the  vicinity  of  Annapolis,  called  "  the 
Farm,"  with  the  two  adjoining  Tracts  of  Land  called 
Edges  advance,  and  Edges  addition,  and  all  my  tract  of 
Land  in  Anne  Arundel  County,  on  the  road  from  An- 
napolis to  Elk  Ridge,  called  "  part  of  Trusty  Friend,"  or 
the  Half-way  .House  ;  I  also  devise  to  him  for  his  life 
without  impeachment  of  waste,  my  Manor  in  Anne  Arun- 
del County,  called  Doughoragen  Manor,  or  Doughoragen 
Manor  enlarged, with  all  my  Lands  adjoining  thereto  ;  and 
after  his  death  to  his  eldest  Son^  lawfully  begotten  whom 
he  may  leave  alive,  or  in  ventre  sa  mere  at  the  time  of  his 
death,  and  to  the  Heirs  of  such  eldest  Son  for  ever  ;  and 


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394         Charles  Carroll  of  Carrollton. 

in  case  my  said  Grandson  should  die  without  leaving  any 
son  then  alive,  or  of  wliom  his  wife  maybe  then  pregnant, 
I  then  devise  all  my  said  Manor  and  adjoining  Lands  to 
his  eldest  legitimate  male  descendant  in  the  eldest  male 
line  who  may  then  be  alive  or  in  ventre  sa  mere,  and  to 
the  Heirs  of  such  eldest  male  descendant  for  ever  ;  and 
in  default  of  such  legitimate  male  descendant  of  my  said 
Grandson  in  the  male  line,  1  then  devise  all  my  said 
Manor,  and  adjoining  Lands  to  my  daughters  Mary  Caton 
and  Catharine  Harper,  and  their  Heirs  as  tenants  in 
common  and  to  the  children,  grand  children,  and  de- 
scendants of  my  deceased  Son  Charles  Carroll,  and  their 
Heirs  as  tennants  in  common  in  such  manner  as  that 
each  of  my  said  daughters  shall  have  each  an  equal  third 
part,  and  the  children  of  my  said  Son  then  alive,  and  the 
children  or  descendants  of  such  of  them  as  may  then  be 
dead  shall  have  one  equal  third  part  among  them,  which 
last  mentioned  third  shall  be  so  divided  that  each  child  of 
my  said  Son  then  living  shall  have  one  equal  part  thereof 
in  fee  simple,  and  the  children  and  other  descendants  of 
each  child  then  dead  one  equal  part  equally  among  them 
in  fee  simple/^/-  stirpes,  the  children  of  each  dead  child 
or  descendant  standing  in  the  place  of  their  Parent,  and 
taking  the  part  which  said  parent  if  alive  would  have 
had,  equally  to  be  divided  among  them.  And  if  at  the 
death  of  my  said  Grandson,  my  said  daughters  or  either 
of  them  should  be  dead,  it  is  my  will  and  1  hereby  devise 
and  direct,  that  their  children  and  descendants  then  alive 
shall  stand  in  their  places  respectively  as  to  my  said 
Manor  and  adjoining  Lands,  and  shall  take  to  them  and 
their  Heirs  as  tenants  in  common,  the  parts  respectively 
which  my  said  daughters  if  alive  would  have  respectively 
taken,  the  third  pan  of  each  of  my  daughters  in  such 
case,  being  divided  among  her  children  then  alive,  and 


L:  I  'X 


»  i 


Appendix  C 


395 


fil 


.1 


the  descendants  of  such  of  them  as  may  be  then  dead  in 
such  manner  as  that  each  child  then  alive  shall  take  in 
fee  simple  one  equal  part  of  the  said  third,  and  the  chil- 
dren and  other  descendants  of  each  child  then  dead  one 
equal  part  in  fee  simple  equally  among  \.\\Qm  per  stirpes^ 
the  children  of  each  deceased  child  or  descendant  stand- 
ing in  the  place  of  their  parent  and  taking  equally  among 
them  the  part  which  that  parent  if  alive  would  have  had. 
I  give  to  my  Grandson  Charles  Carroll  all  the  Slaves  and 
other  personal  property  which  at  the  time  of  my  death 
shall  be  on  the  Farm  called  the  Folly  (which  is  part  of  my 
Manor)  that  is  to  say,  personal  property  which  at  the 
time  of  my  death  shall  be  commonly  employed  or  used 
on  or  belonging  to  the  said  Farm,  commonly  called  the 
Folly.  All  the  rest  of  the  Slaves,  Horses,  Cattle,  Hogs, 
Sheep,  and  farming  utensils  which  at  the  time  of  my 
death  shall  be  on,  and  belong  to  my  aforesaid  Manor 
called  Doughoragen  Manor,  or  Doughoragen  Manor 
enlarged,  I  direct  to  be  divided  into  three  equal  parts, 
one  of  which  parts  I  give  to  my  Grandson  Charles  Car- 
roll, his  Executors,  Administrators  and  Assigns.  An- 
other third  part  to  my  three  Grandchildren,  Charles 
Carroll  Harper,  Robert  Goodloe  Harper,  and  Emily 
Harper  ;  equally  to  be  divided  between  them  share  and 
share  alike.  And  the  remaining  third  part  of  the  afore- 
said Negroes,  Horses,  Cattle,  Hogs,  Sheep  and  Farming 
Utensils  I  give  to  my  four  Granddaughters  Mary  Ann 
Patterson,  Elizabeth  Caton,  Louisa  Catherine  Harvy,  and 
Emily  MacTavish,  equally  to  be  divided  between  them, 
and  if  either  of  my  said  last  mentioned  four  Grand- 
daughters should  die  in  my  life-time,  without  leaving 
issue  living  at  my  death,  the  share  which  would  have 
belonged  to  her  in  case  she  had  survived  me  shall  go  to 
her  surviving  sisters,  and  the  descendants  of  such  of  them 


t 


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396         Charles  Carroll  of  Carrollton, 


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as  may  have  died  before  me  leaving  issue  equally  to  be 
divided  between  them,  the  issue  of  such  deceased  Grand- 
daughter to  stand  in  the  place,  and  be  entitled  to  the 
share  that  would  have  belonged  to  such  deceased  Grand- 
daughter in  case  she  had  survived  me.  All  the  rest  of 
the  personal  property  of  every  kind  that  may  be  on  my 
said  Manor  at  the  time  of  my  decease,  I  give  to  my 
Grandson  Charles  Carroll,  his  Executors,  Administrators 
and  Assigns.  All  my  Wines  in  every  other  place  except 
the  said  Manor  I  give  to  my  two  Daughters  and  my  said 
Grandson,  to  be  equally  divided  among  them  in  such 
manner  as  that  each  shall  have  one  third  of  each  kind 
and  quality. 

Whereas  I  hold  sundry  Lots  in  the  City  of  Baltimore 
leased  out  on  ground  rent,  by  leases  renewable  forever, 
and  other  Lots  with  Flouses  on  them  which  are  rented 
from  year  to  year,  and  some  vacant  Lots  yielding  no  rent, 
I  do  hereby  devise  to  my  friends  John  MacTavish  of  the 
City  of  Baltimore  and  Lewis  Neth  of  the  City  of  Annap- 
olis, and  Richard  S.  Steuart  of  the  City  of  Baltimore 
aforesaid,  and  to  the  survivor  of  them  and  to  the  Heirs 
of  such  survivor,  all  my  Lots  and  Houses  and  Rents  in 
the  City  of  Baltimore,  except  my  Lots  and  Houses  front- 
ing on  Gay  street  and  Frederick  street,  or  either  of  them, 
between  Second  and  Water  Street.  I  also  give  and  be- 
queath to  the  said  John  MacTavish,  Lewis  Neth,  and 
Richard  S.  Steuart  and  the  survivor  of  them  and  the  Ex- 
ecutors and  Administrators  of  such  survivor,  the  follow- 
ing Slaves,  that  is  to  say,  Luke,  William,  Richard,  Dennis 
Carpenter,  William,  Robert,  James,  Old  Henny  and  her 
Grandchildren,  Polly  and  her  daughter,  Sarah,  and  Katy 
and  her  children,  Peggy  and  her  children,  and  Nellie 
and  her  children,  which  said  Slaves  now  reside  and  are 
employed  at  the  house  of  Richard  Caton  in  the  City  of 


\\\ 


Appendix  C. 


397 


Baltimore,  or  at  the  farm  called  Brookland  Wood,  near 
the  City  of  Baltimore,  also  all  the  children  and  descend- 
ants of  the  above  mentioned  female  Slaves,  which  may 
be  born  after  the  date  of  this  my  last  will  and  testament, 
and  during  my  life.     I  further  give  and  bequeath  to  the 
said  John  MacTavish,  Lewis  Neth,  and  Richard  S.  Steu- 
art,  and  the  survivor  of  them,  and  the   Executors  and 
Administrators  of  such  survivor,  all  the  Plate,  Household 
and  Kitchen  furniture  which  shall  at  the  time  of  my 
decease  be  at  the  dwelling  house  of  the  said  Richard 
Caton  in  the  City  of  Baltimore,  or  at  the  said  Farm 
called  Brookland   Wood   and  be   commonly   used   and 
employed,  or  kept  in  or  about  the  said  two  dwellings,  or 
either  of  them.     To  have  and  to  hold  the  said  Lots, 
Houses,  Rents,  Slaves,  Plate  and  Furniture  and  Property 
to  the  said  John  MacTavish,  Lewis  Neth,  and  Richard 
S.  Steuart,  and  the  survivor  of  them,  and  thf:  Heirs,  Ex- 
ecutors and  Administrators  of  such  survivors,  for  and 
during  the  lives  of  Richard  Caton,  ai.d   my  daughter 
Mary  Caton  his  wife  and  the  life  of  the  survivor  of  them 
upon  the  following  trusts,  that  is  to  say,  in  trust  for  my 
daughter  Mary  Caton  during  her  natural  life,  for  her 
sole  and  separate  use  free  from  the  controul  or  power 
of  her  present  or  any  future  husband,  and  to  permit  her 
or  any  person  she  may  authorize  to  receive  and  take 
during  her  life  the  rents,  profits  and  issues  thereof,  for 
her  sole  and  separate  use,  and  to  make  and  execute  dur- 
ing her  life  all  such  Sales,  Conveyances,  Leases,  Trans- 
fers, and  Assignments  thereof,  or  any  part  thereof,  as  she 
by  writing  under  her  hand  shall  from  time  to  time  direct ; 
and  the  proceeds  of  all  such  Sales,  Conveyances,  Leases, 
Transfers,  and  Assignments  from  time  to  time  to  invest 
in  such  purchases  of  Stock,  Funds,  Rents  or  Property  of 
any  kind  as  she  by  writing  under  her  hand  may  from 


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398         CJuirlcs  Carroll  of  Carrollton. 

time  to  time  direct,  to  be  held  by  them  in  their  names  in 
trust  for  her  sole  and  separate  use  as  aforesaid  during 
her  life,  and  in  case  her  said  husband  Richard  Caton 
should  survive  her,  then  in  trust  as  to  all  the  said  Lots, 
Houses,  Rents,  Slaves,  Plate,  Furniture  and  also  prop- 
erty of  any  kind  that  may  have  arisen  from  the  Sale, 
Conveyance,  Lease,  Transfer,  Assignment  and  reinvest- 
ment aforesaid,  to  hold  the  same  for  the  use  and  benefit 
of  the  said  Richard  Caton  during  his  life,  and  to  permit 
him  to  take  and  -eceive  during  his  life  the  rents  and 
profits  and  issues  thereof  for  his  own  use,  and  to  make 
such  Sales,  Transfers,  Assignments,  Conveyances  and 
Leases  thereof,  and  of  any  part  or  parts  thereof  as  he 
may  direct  by  writing  under  his  hand  from  time  to  time, 
and  the  proceeds  of  all  such  Sales,  Conveyances,  Leases, 
Transfers  and  Assignments,  to  invest  in  their  own  names 
in  such  Stocks  or  other  productive  funds  as  he  may  from 
time  to  time  direct ;  the  same  to  be  held  in  trust  for  him 
in  the  same  manner,  and  with  the  like  benefit  and  advan- 
tages and  powers,  as  are  above  mentioned,  and  from  and 
after  the  death  of  the  said  Richard  Caton  and  Mary 
Caton,  I  give,  devise  and  bequeath  all  the  said  Lots, 
Houses,  Rents,  Slaves,  Plate  and  Furniture,  and  also  all 
property  of  every  kind  accruing  from  the  Sale,  Trans- 
fer, Conveyance,  Lease,  Assignment  and  reinvestments 
aforesaid,  unto  my  Granddaughters  Mary  Ann  Patterson, 
Elizabeth  Caton,  Louisa  Catharine  Hervey,  and  Emily 
MacTavish,  their  Heirs,  Executors,  and  Administrators 
as  tenants  in  common,  equally  to  be  divided  between 
them.  I  devise  to  my  friends  John  MacTavish  and 
Richard  S,  Steuart,  of  the  City  of  Baltimore,  and  Lewis 
Neth,  of  the  City  of  Annapolis,  and  the  survivors  and 
survivor  of  them,  and  to  the  Heirs  of  such  survivor, 
Fifteen  thousand  eight  hundred  and  ninety-seven  Acres 


:i 


m 


m 


Appendix  C. 


399 


icres 


of  Land  in  the  State  of  Pennsylvania,  being  an  undi- 
vided part  of  twenty-seven  thousand  six  hundred  and 
ninety-one  acres  held  by  me  in  different  parts  of  that 
State.  Also  all  my  late  dvvellin{^  house  in  the  City  of 
Annapolis,  and  the  Outhouses,  Garden,  and  Lots  ad- 
joining and  belonging  to  the  said  dwelling  house,  includ- 
ing the  Lot  between  the  said  dwelling  house  and  the 
house  formerly  occupied  and  owned  by  the  late  Doctor  U. 
Scott,  also  the  Carriage  House  on  the  opposite  side  of  the 
street,  that  passes  in  front  of  my  said  dwelling  house  ;  the 
said  John  MacTavish,  Richard  S.  Steuart  and  Lewis  Neth, 
and  the  survivors  and  survivor  of  them,  to  hold  the  said 
Lands.  Lots  and  Houses,  in  trust  for  my  daughter  Mary 
Caton  her  Heirs  and  Assigns,  for  her  sole  and  separate 
use  free  from  the  controul  and  jjower  of  her  present  or 
any  future  husband,  with  power  to  my  said  daughter  Mary 
Caton,  to  sell,  give,  convey,  or  otherwise  dispose  of  the 
said  Lands,  Lots  and  Houses,  or  any  of  them,  or  any 
part  thereof,  by  deed  or  last  will  and  testament,  or  in  any 
other  mode  in  which  she  may  think  proper  in  the  same 
manner  as  if  she  were  a  feme  sole.  I  devise  to  my  daugh- 
ter Catharine  Harper,  and  her  Heirs  and  Assigns  forever. 
Five  thousand,  eight  hundred  and  ninety-seven  acres  of 
Land  in  the  State  of  Pennsylvania,  being  one  undivided 
part  of  the  aforesaid  Twenty-seven  thousand  six  hundred 
and  ninety-one  acres  held  by  me  in  different  parts  of  the 
State  of  Pennsylvania  aforesaid  ;  also  all  my  Houses  and 
Lots  in  the  City  of  Baltimore  which  front  on  Gay  street 
and  Frederick  street,  or  either  of  them,  between  Second 
and  Water  streets,  to  her  the  said  Catharine  Harper,  her 
Heirs  and  Assigns  for  ever.  The  remaining  part  of  the 
aforesaid  Twenty-seven  thousand  six  hundred  and  ninety- 
one  acres  of  Land  held  by  me  in  different  p^rts  of  the 
State  of  Pennsylvania,  I  devise  to  my  Granddaughters 


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400        Charles  Carroll  of  Car  roll  ton. 


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Elizabeth  Chew  Tucker,  Mary  Sophia  Bayard,  Hariet 
Carroll,  and  Louisa  Catharine  Carroll,  and  their  Heirs 
as  tenants  in  common  to  be  e(iually  divided  among  them. 
I  devise  to  my  Grandchildren  Charles  Carroll  Harper, 
Robert  Goodloe  Harper,  and  Emily  Harper  and  their 
Heirs  forever  as  tenants  in  common  all  my  Landfj  in 
Tioga  and  Steuben  Counties  in  the  State  of  New  York 
commonly  called  Moreland  Manor,  as  well  as  that  part 
which  I  purchased  from  a  certain  Robert  C.  Johnson,  as 
those  parts  which  were  purchased  by  my  late  Son-in-law 
Robert  Goodloe  Harper  from  the  said  Robert  C.  John- 
son and  a  certain  Isaac  Bronson,  and  conveyed  to  me  by 
the  said  Robert  G.  Harper  by  way  of  mortgage. 

I  give  to  my  Grandson,  Charles  Carroll  Harper,  his 
Heirs  and  Assigns  for  ever  my  Plantation  in  Baltimore 
County,  called  Oakland,  conveyed  to  me  by  my  late  Son- 
in-law,  Robert  Goodloe  Harper. 

I  devise  and  bequeath  to  the  Right  Revend  Ambrose 
Arch  Bishop  of  Baltimore  and  his  Heirs,  the  Chapel  on 
my  Manor  of  Doughoragen  near  to  the  dwelling  house, 
with  all  the  Utensils,  Vessels,  Furniture,  Books,  and 
Vestments  used  in  the  said  Chapel  for  the  purposes  of 
public  worship,  and  for  the  accommodation  of  the  offici- 
ating Priest,  and  the  Land  on  which  the  said  Chapel 
stands  ;  and  also  one  square  Acre  of  Ground  near  to  the 
said  Chapel  including  the  Burying  Ground  now  used  for 
burying  the  dead  (li  the  Congregation  worshipping  in  the 
said  Chapel  ;  and  also  a  right  of  way  to  and  from  the 
said  Chapel  and  Burying  Ground  for  ever  ;  for  the  pur- 
poses of  attending  the  duties  of  religion,  burying  the 
dead,  making  repairs  and  other  necessary  purposes. 
And  also  the  sum  of  Five  thousand  dollars  now  due  to 
me  from  the  Reverend  John  Tessier,  being  the  part  that 
remains  due  of  the  sum  of  Fifteen  thousand  dollars  orig- 


wm 


')■ 


Appendix  C. 


401 


pur- 
the 


inally  lent  by  me  to  the  Reverend  William  Dubour^',  and 
all  mv  Right,  Title,  Interest  and  Estate  of,  in,  and  to,  a 
certain  piece  or  parcel  of  ground  within  the  present 
limits  of  the  City  of  Haltinioic,  heretofore  mortgaged  to 
me  to  secure  the  payment  of  the  said  sum  of  l-'ifleen 
thousand  dolhirs,  and  also  all  arrears  of  interest  on  the 
said  sum  of  Five  thousand  dollars  that  n)ay  be  due  or 
growing  due  to  me  at  the  time  of  my  decease,  and  I 
direct,  and  my  will  is,  that  in  the  general  division  of  the 
residuum  of  my  personal  Estate  directed  by  this  my  will 
to  be  made  into  three  ])arts,  this  sum  of  live  thousand 
dollars  shall  be  charged  to  the  family  of  my  Son  lately 
deceased,  and  taken  as  a  part  of  the  third  allotted  to 
that  Branch  of  my  family  ;  and  that  in  the  division  of 
that  third  between  my  (Irandson  and  his  sisters,  or  their 
representatives,  the  said  sum  of  Five  thousand  dollars 
shall  be  charged  to  my  Grandson  solely,  and  considered 
as  part  of  his  portion  of  that  third.  I  make  this  disposi- 
tion because  I  believe  that  the  large  Estate  allotted  by 
this  will  to  my  Grandson,  will  greatly  benefit  by  the  use 
and  application  which  will  be  made  of  this  sum  of  money, 
while  the  other  branches  of  my  family  will  not  be  in  the 
way  of  participating  in  this  benefit. 

I  hereby  release  and  discharge  my  (irandd.  ughter  Mary 
Ann  Patterson  from  the  payment  of  her  two  notes  to  me 
and  also  from  all  rent  due  from  her  to  me  at  the  date  of 
this  my  last  will  and  testament,  provided  the  said  notes 
and  rent  shall  remain  unpaid  at  my  death,  and  provided 
also,  that  nothing  herein  contained  sluill  be  construed 
to  release  any  rent  which  may  become  or  fall  due  after 
the  date  of  this  my  last  will  and  testament. 

I  give  and  bequeath  to  my  friend  John  MacTavish, 
the  sum  of  Twenty  thousand  dollars. 

All  the  rest  and  residue  of  my  Estate,  real,  personal, 

VOL.   11,— <26 


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402         Charles  Carroll  of  Carrolllon. 


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and  inixt,  I  direct  to  be  divided  by  my  Executors  into 
three  parts  as  equal  as  may  be  in  value  with  regard  to 
present  productiveness  as  well  as  to  future  ;  and  out  of 
one  of  those  thirds  I  direct  them  to  raise  by  such  means 
as  they  may  judge  most  advantageous  and  beneficial  for 
those  to  be  ultimately  interested  in  this  third,  the  follow- 
ing annuity  ;  for  whicii  purpose  1  give  them  all  the  neces- 
sary powers,  including  the  power  to  convey  real  estate  in 
fee  simple  when  required,  for  accomplishing  the  object  ; 
to  transfer  Stocks,  and  to  sell  personal  estate,  that  is  to 
say,  an  annuity  of  Three  thousand  dollars  for  my  daugh- 
ter-in-law Harriet  Carroll  during  her  life,  to  be  paid  to 
her  quarterly  or  half  yearly  and  in  full  and  entire  dis- 
charge and  satisfaction  of  the  sum  of  Three  thousand 
dollars  annually  secured  to  her  by  her  marriage  settle- 
ment, and  chargt;d  thereby  on  my  Manor  of  Carrollton 
and  the  adjoining  Lands,  which  are  to  be  fully  discharged 
and  exonerated  therefrom  by  this  payment  ;  and  if  my 
said  daughter-in-law  should  decline  receiving  this  annu- 
ity in  discharge  and  satisfaction  of  her  marriage  settle- 
ment, I  then  authorize  and  direct  my  Executors  to 
retain  the  annuity,  or  the  fund  out  of  which  it  is  to  arise 
in  their  own  hands  during  her  life,  and  to  pay  the  said 
sum  to  her  annually  in  discharge  of  her  claim  under  that 
Settlement.  And  I  request  my  said  daughter-in-law  to 
accept  this  annuity  in  lieu  of  the  said  provision  by  her 
marriage  Settlement,  and  in  consideration  thereof,  to 
release  my  said  Manor  of  Carrollton  by  a  sufficient  deed 
from  all  claim  on  account  of  the  annuity  provided  for 
her  as  aforesaid  by  her  marriage  Settlement,  so  as  to 
leave  my  said  Manor  free  and  unincumbered  to  those  to 
whom  I  have  already  conveyed  it  after  the  termination 
ol  the  life  estate  reserved  to  myself  ;  because  the  Sale  of 
it  should  they  be  inclined  to  sell  it,  might  be  injured  by 


VI 


Appendix  C. 


403 


its  remaining  in  any  degree  subject  to  this  encumbrance  ; 
and  as  an  equal  sum  is  ~ecured  to  her  by  this  my  will, 
she  can  lose  nothing  by  the  Release.  And  it  is  my  will 
that  after  the  said  annuity  shall  be  raised  and  secured 
out  of  the  said  Third,  and  after  my  said  daughter-in-law 
shall  have  by  a  good  and  sufficient  Deed  consented 
to  accept  and  receive  the  Annuity  of  Three  thousand 
dollars  for  her  life,  hereby  provided  for  her  in  lieu  and 
discharge  of  the  Annuity  of  Three  thousand  dollars  pro- 
vided for  her  by  her  marriage  Settlement  aforesaid,  and 
shall  by  such  good  and  sufficient  deed  have  released  my 
said  Manor  of  Carrollton  and  other  Lands  in  Frederick 
County  from  all  claim  under,  or  by  virtue  of  the  said 
marriage  Settlement,  and  not  before,  all  that  remains  of 
it  shall  be  divided  equally  by  my  Executors  between  my 
Grandson  Charles  Carroll,  and  four  Granddaughters,  his 
Sisters,  or  such  of  the  whole  five  as  shall  be  alive  at  the 
time  of  my  decease,  and  the  children  of  such  as  may  be 
then  dead  ;  giving  to  each,  one  equal  part,  and  to  the 
children  of  any  of  them  that  may  be  then  dead  equally 
among  them,  the  part  which  tlieir  parents  respectively 
would  have  taken  if  alive,  and  that  in  case  of  any  part  of 
the  saini  Third  being  retained  as  a  fund  for  producing 
tht:  s:"'  ^  iiiuiity  in  whole  or  in  part,  such  fund  shall  be 
divided  and  disposed  of  iu  the  same  manner  when  the 
,s?id  annuity  shall  cease.  And  if  it  should  so  happen 
tha*  at  the  time  of  my  dece..".  'I  my  said  five  Grand- 
dildren  should  be  dead  without  leaving  any  children 
or  descendants  I  then  will  that  all  the  afo»-esaid  residue 
of  the  said  third  shall  go  to  my  daughters,  Mary  Caton 
and  Catharine  Harper  share  a.id  share  alike,  and  if  either 
or  both  of  them  should  be  th^n  dead,  their  pa/ts  respec- 
tively shall  go  to  *-heir  c':iidren,  to  be  equally  divided 
auiong  thtm.  'v\  sich  manner  that  the  children  of  each 


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404  Charles  Carroll  of  Carrollton. 

shall  take  equally  among  them,  the  part  that  their  mother 
if  alive  would  have  taken.  And  as  to  the  remaining  two 
thirds  of  all  the  general  residue  of  my  estate  directed 
above  to  be  divided  into  three  equal  parts,  I  devise  and 
bequeath  one  of  those  thirds  to  my  friends  John  Ma  • 
Tavish  and  Richard  S.  Steuart  of  the  City  of  Baltimore, 
and  Lewis  Neth  of  the  City  of  Annapolis,  and  the  sur- 
vivors and  survivor  of  them  and  to  the  Heirs,  Executors, 
and  Administrators  of  such  survivor  during  the  life  time 
of  my  daughter  Mary  Caton,  in  trust  for  my  said  daughter 
Mary  Caton,  during  her  life,  for  her  sole  and  sepi-raie 
use,  free  from  the  controul  or  power  of  her  present  01  r  i>v 
future  husband  ;  and  to  permit  her,  or  any  person  whom 
she  may  authorize  to  receive  and  take  during  her  life,  the 
rents,  profits,  interest,  income  and  dividends  thereof  for 
her  sole  and  separate  use  ;  and  to  make  and  execute 
from  time  to  time  during  her  life  all  such  Sales,  Convey- 
ances, Leases,  Transfers,  and  Assignments  thereof  or  of 
any  part  thereof,  as  she  by  v/riting  under  her  hand  shall 
from  time  to  time  direct  ;  and  the  proceeds  of  all  such 
Sales,  Conveyances,  Leases,  Transfers,  and  Assignments 
from  time  to  time  to  invest  in  such  purchases  of  Stock, 
Funds,  Rents,  or  property  of  any  kind,  as  she  may  by 
writing  under  her  hand  direct  from  time  to  time  to  be 
held  by  them,  in  their  names  in  trust  for  her  sole  and 
separate  use  as  aforesaid  during  her  life.  And  upon  the 
death  of  the  said  Mary  Caton,  I  give,  devise,  and  bequeath 
the  said  one  third  of  the  general  Residuum  aforesaid 
unto  my  Granddaughters,  Mary  Ann  Patterson,  Elizabeth 
Caton,  Louisa  Catherine  Hervey,  and  Emily  MacTavish, 
their  Heirs,  Executors  and  Administrators  forever  as  ten- 
ants in  common,  and  if  any  one  or  more  of  my  said  Grand- 
daughters shall  die  in  my  lifetime  without  issue,  the  share 
that  would  have  belonged  to  such  Granddaughter  in  case 


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Appendix  C. 


405 


she  had  survived  me,  shall  go  and  belong  to  the  surviv- 
ing sisters  of  such  deceased  Granddaughter  and  the  issue 
of  such  of  them  as  shall  have  died  leaving  issue,  such 
issue  to  stand  in  the  place,  and  have  the  share  that  would 
have  belonged  to  his,  her,  or  their  mother  if  she  had  then 
been  living.  And  as  to  all  the  remaining  third  part  of 
the  general  Residuum  aforesaid,  I  give,  devise  and  be- 
queath the  said  one  third  of  the  general  residuum  afore- 
said to  my  Grandchildren,  Charles  Carroll  Harper,  Emily 
Harper,  and  Robert  Goodloe  Harper,  their  Heirs,  Exec- 
utors and  Administrators  as  tenants  in  common.  But  if 
my  daughter  Catharine  Harper  shall  within  six  months 
after  my  death,  convey  to  my  last  mentioned  Grandchil- 
dren or  their  descendants  in  fee  simple,  all  those  parts 
of  the  Manor  of  Carrollton  heretofore  conveyed  by  me 
to  the  said  Catharine  Harper  (the  said  Land  to  be  con- 
veyed to  the  said  children  or  descendants  of  such  of  them 
as  may  be  dead,  in  such  proportions,  as  at  the  time  of 
the  making  of  the  said  deed,  they  shall  be  respectively 
entitled  in  the  said  last  mentioned  one  third  of  the  gen- 
eral Residuum  aforesaid)  then,  as  soon,  as  the  said  con- 
veyance shall  be  duly  made  by  the  said  Catharine  Harper, 
and  the  Title  to  the  said  Lands  become  legally  and  fully 
vested  in  my  said  Grandchildren  or  their  descendants  in 
manner  aforesaid,  I  then  and  in  that  event  give  to  my 
daughter,  her  Heirs,  Executors  and  Administrators  the 
said  last  mentioned  one  third  of  the  general  Residuum 
aforesaid. 

And  whereas  I  have  heretofore  given  to  my  Son  and 
daughters  from  time  to  time,  and  paid  and  advanced  for 
them  "-oectively,  sundry  sums  of  money  for  their  Settle- 
ment, Establishment,  and  Advancement  in  life,  and  may 
hereafter  make  further  advances  for  them  respectively 
for  the  same  purpose,  all  which  sums  so  advanced  are  to 


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406         Charles  Carroll  of  Carrollton. 

be  charged  to  them  respectively,  and  whereas  for  the 
better  explaining  of  my  will  and  intention  in  this  respect, 
I  have  raised  accounts  with  my  Grandson,  Charles  Car- 
roll as  the  Administrator  of  his  father,  and  with  my 
daughters  respectively  in  a  Book  marked  F.  A.  in  which 
I  have  charged  and  intend  hereafter  to  charge  each  of 
them  respectively  in  their  General  Accounts  with  all  such 
sums  as  are  to  be  considered  as  given  towards  the  Estab- 
lishme  ,  Settlement,  and  Advancement  in  life  of  the 
three  B<  "  "i  of  my  Family,  and  are  consequently  to  be 
carried  to  '  ,ir  debit  ;  Now  my  will  is,  and  I  do  hereby 
bequeath,  direct  and  devise  that  all  sums  charged  in  my 
said  Book  marked  F.  A.  against  my  Grandson  Charles 
Carroll  as  the  Administrator  of  his  father  shall  stand  and 
be  debited  in  the  division  of  the  general  Residuum  of 
my  estate  as  a  part  of  the  one  third  of  the  said  residuum 
devised  to  my  said  Grandson  and  his  four  sisters,  and  shall 
be  allotted  and  accounted  for  as  a  part  of  their  said  one 
third.  And  all  sums  charged  against  my  daughter  Mary 
CaLon  shall  stand  and  be  debited  in  the  said  division  of 
the  general  residuum  as  a  part  of  the  one  third  of  the 
said  residuum  devised  in  trust  for  my  said  daughter 
Mary  Caton  for  life  with  remainder  to  her  four  daughters 
and  shall  be  allotted  and  accounted  for  as  a  part  of  the 
said  one  third,  and  all  sums  charged  against  my  daughter 
Catharine  Harper  shall  stand  and  be  debited  in  the  said 
division  of  the  general  residuum  as  a  part  of  the  one  third 
of  the  said  residuum  devised  to  her  three  children,  and 
shall  be  allotted  and  accounted  for  as  a  part  of  the  said 
one  third,  but  neither  of  them  shall  be  debited  or  charged 
in  the  said  division  with  any  interest  on  the  said  sums  so 
advanced,  or  to  be  advanced  to  them,  or  on  any  of  them, 
nor  with  any  sums  heretofore  allowed  and  paid  to  them 
respectively  by  way  of  annuity  or  annual  stipend  for  their 


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heir 


Appendix  C. 


407 


support  and  maintenance  or  personal  expcnccs,  or  with 
any  sums  hereafter  to  be  so  allowed  and  i)aid  to  them 
respectively  for  the  same  purposes. 

And  it  is  my  will,  and  1  do  hereby  further  devise,  be- 
queath and  direct  that  in  any  case  my  said  daughters  or 
Grandchildren,  or  either  of  them  should  die  in  my  life- 
time, none  of  the  f)rovisions  hereby  made  for  such  of 
them  as  may  so  die  shall  be  considered  as  lai)scd  or  void 
Devises  or  Legacies,  but  that  the  estates  and  Interests  of 
every  kind  hereby  limited  to  take  effect  at  their  deaths 
resjiectively,  in  case  of  their  surviving  me  shall  take 
effect  respectively  at  the  time  of  my  decease  in  case  of 
any  of  them  dying  before  me,  in  the  same  manner  in  all 
respects  as  if  they  had  respectively  survived  me  and  then 
died,  and  when  no  Estates  or  Interests  are  hereby  limited 
to  take  effect  on  the  death  of  either  of  my  Daughters,  or 
Grandchildren  it  is  my  will,  and  I  do  hereby  further  devise, 
bequeath  and  direct  that  in  case  of  the  death  of  either  or 
both  of  my  daughters  or  any  of  my  Grandchildren,  in  my 
lifetime,  the  property  interest  and  estates  of  every  kind 
hereby  devised  or  bequeathed  by  way  of  Trust  or  otherw!  e 
to  each  of  them  respectively  so  dying,  shall  at  my  decease 
go  to  and  be  vested  in  the  same  persons,  and  for  the 
same  interests  and  Estates  therein  respectively,  and  sub- 
ject to  the  same  conditions,  powers  and  provisions  in  all 
respects,  who  would  have  taken  such  property,  interest 
and  estates,  either  by  operation  of  Law  or  by  virtue  of 
this  my  last  will  in  case  the  daughter  or  (irandchild 
so  dying,  had  survived  me  and  then  died  ;  and  I  hereby 
devise  and  bequeath  the  said  Property  Interest  and 
Estates  accordingly  to  such  persons,  for  such  Interests 
and  Estates  therein  and  subject  to  such  conditions, 
powers  and  provisions  as  are  aforesaid  respectively,  ex- 
cepting however,  out  of  this  clause  of  my  will,  those 


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408         Charles  Carroll  of  Carrollton, 

cases  where  there  is  an  express  limitation  over,  in  case 
of  the  death  of  a  Devizee  or  Legatee  in  my  Lifetime,  pro- 
vided such  express  limitation  shall  be  to  a  different  per- 
son or  persons  from  those  designated  in  this  clause  of 
my  Will. 

It  is  my  will,  and  I  direct  that  no  In^'entory  shall  be 
made  or  returned  of  my  personal  Estate,  but,  that  my 
Executors  sign  and  file  in  the  Orphans  Court  of  the  proper 
County  an  Admission  of  Assets  to  pay  all  just  demauds 
against  me  ;  and  confidently  relying  on  the  friendly  and 
affectionate  disposition  of  my  children  and  Executors 
towr  13  each  other,  I  do  earnestly  recommend  that  if 
any  difference  of  opinion  should  arise  among  them  touch- 
ing Miis  1'y  will,  or  in  the  execution  or  construction 
thereof  they  will  agree  to  refer  it  to  the  decision  of  some 
common  friend  or  friends,  in  preference  to  any  legal 
Controversy. 

And  as  it  is  not  my  intention  or  expectation  that  the 
Trustees  appointed  by  my  will,  or  the  survivor  of  them, 
or  the  Heirs,  Executors,  or  Administrators  of  such  sur- 
vivor, shall  have  any  labor  or  trouble,  or  incur  any  risk 
or  expense  in  the  performance  of  the  Trusts  created  by 
my  said  Will,  but  that  the  various  Devizees  and  legatees 
shall  and  will  take  upon  themselves  all  the  business, 
labour,  trouble  and  expense  of  the  affairs  of  my  Estate  ; 
merely  acting  in  the  name,  and  with  the  permission  and 
sanction  of  the  said  Trustees  when  necessary  ;  I  do 
therefore  for  avoiding  and  preventing  any  doubt  that 
might  hereafter  arise  on  the  subject  of  Commission  or 
Compensation  to  my  said  Trustees,  or  either  of  them, 
or  either  of  their  Heirs,  Executors  or  Administrators, 
Declare  and  Direct  that  no  Commission  or  Compensation 
whatever  shall  be  allowed  or  paid  to  my  said  Trustees  or 
either  of  them,  or  to  the  Heirs,  Executors  or  Adminis- 


S\ 


Appendix  C. 


409 


trators  of  the  survivor  of  them  for  or  on  account  of  any 
matter  or  thing  to  be  done,  directed  or  assented  to  by 
them,  or  either,  or  any  of  them,  in  or  about  the  affairs  of 
my  Estate,  or  the  Execution  of  the  said  Trusts,  or  either 
or  any  of  them,  except  the  necessary  expenses  which  they 
or  any  of  them  may  from  time  to  time  incur  in  and  about 
the  said  Trusts,  or  any  of  them  ;  which  expenses  I  direct 
to  be  paid,  or  borne  by  the  persons  respectively,  for 
whom  or  for  whose  benefit  the  acts  giving  rise  to  such 
Expenses  shall  respectively  be  done. 

Having  already  divided  my  Manor  and  Lands  in  Fred- 
erick County  among  the  different  Branches  of  my  family, 
reserving  to  myself  a  Life  Estate  therein,  and  having 
caused  the  said  Lands  (including  my  Manor  of  Carroll- 
ton,  and  all  the  Lands  which  I  hold  adjoining  it,  or  in 
its  vicinity)  to  be  divided  into  twelve  parts  or  Lots, 
equal  in  quantity  and  value,  by  Peter  Mantz,  John  H. 
Simmons  and  Ignatius  Davis,  who  by  my  direction  have 
made  a  plot  of  the  said  Lands  and  division,  with  an  ac- 
companying Table  of  Courses,  all  which  I  have  approved, 
and  attested  my  approbation  by  signing  the  said  Table 
on  the  Eighth  day  of  February  One  thousand,  eight  hun- 
dred and  twenty  one,  and  having  in  further  pursuance 
of  my  plan  in  this  respect,  divided  the  parts  by  Lot 
among  the  different  Branches  of  my  family,  and  executed 
Conveyances  to  each  of  them  for  their  several  parts,  re- 
serving to  myself  a  Life  Estate  in  the  whole, — One  of 
which  Conveyances  is  to  my  daughter  Catharine  Harper 
and  her  Heirs  by  way  of  Covenant  to  stand  seized,  bear- 
ing date  on  the  seventh  day  of  February  One  Thousand 
Eight  Hundred  and  Twenty  one,  of  and  for  Lots  Num- 
bers Six,  Eight,  Eleven  and  Twelve,  and  the  small  or 
two  acre  Lots,  Numbers  Six,  Eight,  Eleven  and  Twelve 
by  metes  and  bounds,  being  one   equal  third  part  in 


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4 1  o         C/ia  vies  Carroll  of  Ca  rrollton . 

quantity  and  value  of  the  said  Manor  and  Lands  ;  One 
other  of  which  Conveyances  is  to  Robert  Patterson  and 
Mary  Ann  Patterson  and  the  Survivor  of  them,  and  the 
Heirs  of  such  Survivor  by  way  of  Lease  and  Release 
bearing  date  respectively  on  the  sixth  and  seventh  days 
of  February  One  Thousand,  Eight  hundred  and  twenty 
one,  and  for  Six  hundred  Acres  of  Land,  part  of  the  said 
Manor  by  metes  and  bounds,  and  of  and  for  Lot  Num- 
ber Nine,  and  the  small  or  two  acre  Lot  number  nine, 
also  by  metes  and  bounds  being  together  one  equal 
Twelfth  part  of  the  whole  of  the  su.d  Manor  and  Lands 
in  quantity  and  value  ;  One  other  of  which  Conveyances 
is  to  my  Granddaughter  Elizabetli  Caton  and  her  Heirs 
by  way  of  Covenant  to  stand  seized  bearing  date  on  the 
Seventh  day  of  February  One  Thousand,  Eight  hundred 
and  twenty  one,  of  and  for  Lot  Number  One,  and  the 
small  or  two  acre  Lot  Number  One  by  metes  and  bounds, 
being  one  equal  Twelfth  [)art  of  the  said  Manor  and 
Lands  in  quantity  and  value  ; — One  other  of  which  Con- 
veyances is  to  my  Granddaughter,  Louisa  Catharine 
Hervey,  commonly  called  Lady  Hervey,  and  her  Heirs 
by  way  of  covenant  to  stand  seized,  bearing  date  on  the 
Seventh  day  of  February  One  thousand.  Eight  hun- 
dred and  twenty  one,  of  and  for  Lot  number  Two  and 
the  small  or  two  acre  Lot  number  Two  by  metes  and 
bounds,  being  one  equal  Twelfth  part  of  the  said 
Manor  and  Lands  in  quantity  and  value  : — One  other  of 
which  Conveyances  is  to  my  Granddaughter  Emily  Mac- 
Tavish  and  her  Heirs  by  way  of  Covenant  to  stand 
seized,  bearing  date  on  the  Seventh  day  of  February, 
One  thousand,  Eight  hundred  and  twenty  one,  of  and 
for  Lot  number  Five,  and  the  small  or  two  acre  Lot 
number  Five  by  metes  and  bounds,  being  one  equal 
Twelfth  part  of  the  said  Manor  and   Lands  in  quan- 


Appendix  C. 


411 


tity  and  value  ;  which  four  twelfth  parts  last  mentioned 
are  the  portion  of  the  snid  Manor  and  Lands  for- 
merly destined  for  my  daughter  Mary  Caton,  and  by 
consent  of  her  and  her  husljand  tluis  conveyed  to  her 
said  four  Daughters  in  her  stead  ;  One  other  of  which 
Conveyances  is  to  my  Granddaughter  Mary  Sophia  Bay- 
ard and  her  Heirs  by  way  of  Covenant  to  stand  seized, 
bearing  dale  on  the  Seventh  day  of  February  One  thou- 
sand, eight  hundred  and  twenty  one,  of  and  for  Lot 
number  Ten  and  the  small  or  two  acre  Lot  number  Ten 
by  metes  and  bounds,  l)eing  one  equal  twelfth  part  in 
quantity  and  value  of  the  said  Manor  and  Lands  ;  One 
other  of  which  Conveyances  is  to  John  Eager  Howard 
the  younger,  and  Doctor  William  Howard  both  of  Balti- 
more, and  the  Survivor  of  them,  and  the  Heirs  of  such 
Survivor  in  Trust  for  my  Granddaughter  Elizabeth  Chew 
Carroll  now  Elizabeth  Chew  Tucker  and  her  Heirs,  sub- 
ject to  certain  charges,  of  and  for  Lot  number  Three  and 
the  small  or  two  acre  Lot  number  Three  by  metes  and 
bounds,  being  one  equal  Twelfth  part  in  quantity  and 
value  of  all  the  said  Manor  and  Lands  by  deeds  of  Lease 
and  Release  bearing  date  respectively  on  the  sixth  and 
seventh  days  of  February  one  thousand  eight  hundred 
and  twenty  one  ;  One  other  of  which  Conveyances  is  to 
the  said  John  Eager  Howard  the  younger,  and  Doctor 
William  Howard  and  the  Survivor  of  them,  and  the  Heirs 
of  such  Survivor  in  trust  for  my  Granddaughter,  Harriet 
Carroll  and  her  Heirs,  subject  to  certain  charges  of  and 
for  Lot  number  Four  and  the  small  or  two  acre  Lot 
number  Four  by  metes  and  bounds  being  one  equal 
twelfth  part  in  quantity  and  value  of  all  the  said  Manor 
and  Lands  by  deeds  of  Lease  and  Release  bearing  date 
respectively  on  the  sixth  and  seventh  days  of  February 
one  thousand,  eight  hundred  and  twenty  one  ;  One  other 


iiy 


!-, 


I     ,M. 


I     • 


1  1 

\  \ 

)  •>: 

j  ■ 


V  £ 


(;■«?!' 


V  i', 


I     i 


4 1 2         CJiarlcs  Carroll  of  Carrollton, 

of  which  Conveyances  is  to  the  said  John  Eager  Howard 
the  younger,  and  Doctor  William  Howard,  and  the  Sur- 
vivor of  them  and  the  Heirs  of  such  Survivor,  in  Trust 
for  my  Granddaughter  Louisa  Catharine  Carroll  and  her 
Heirs  subject  to  certain  charges  of  and  for  Lot  number 
Seven,  and  the  small  or  two  acre  Lot  number  Seven,  by 
metes  and  bounds  being  one  equal  Twelfth  part  in  quan- 
tity and  value  of  all  the  said  Manor  and  Lands  by  deeds 
of  Lease  and  Release,  bearing  dates  respectively  on  the 
sixth  and  seventh  days  of  February  one  thousand,  eight 
hundred  and  twenty  one  ;  and,  as  doubts  may  exist  con- 
cerning the  validity  and  operation  of  the  said  Convey- 
ances or  some  of  them  by  reason  of  outstanding  Estates 
in  Trustees  in  one  undivided  third  heretofore  conveyed 
to  my  daughter  Mary  Caton  and  her  Heirs  and  of  vari- 
ous contingent  interests  and  limitations  over  of  parts  of 
the  said  undivided  third  created  by  conveyances  made 
of  parts  of  the  said  third  by  my  said  daughter  and  her 
husband  to  some  of  their  daughters  ;  all  difficulty  to 
arise  from  which  doubts,  I  am  desirous  of  preventing  by 
devising  to  the  same  persons  and  their  Heirs,  any  in- 
terest in  their  respective  parts  that  may  remain  in  me  at 
the  time  of  my  decease  ;  I  do  therefore  devise  in  man- 
ner following  ;  that  is  to  say.  To  my  Daughter  Catharine 
Harper  and  her  Heirs  all  the  aforesaid  Lots,  Numbers 
Six,  Eight,  Eleven  and  Twelve,  and  the  small  or  two 
acre  Lots  Numbers  Six,  Eight,  Eleven  and  Twelve, 
which  are  conveyed  to  her  as  aforesaid  according  to  the 
metes  and  bounds  expressed  in  the  said  deed  to  her  of 
the  seventh  day  of  February,  One  thousand,  Eight  Hun- 
dred and  Twenty  one  ;  and  to  the  said  Mary  Ann  Patter- 
son, the  survivor  of  the  said  Robert  Patterson  and  her 
Heirs,  all  the  aforesaid  Six  hundred  acres  of  Land  and 
Lots  Numbers  Nine  which  are  conveyed  to  the  said  Mary 


I  I 


kk 


«  A 


i^t 


i' 


appendix  C. 


413 


Ann  and  Robert  as  aforesaid,  according  to  the  several 
metes  and  bounds  thereof,  expressed  in  the  said  deeds 
of  Lease  and  Release  to  them  of  the  sixth  and  seventh 
days  of  February,  One  tiiousand,  eight  hundred  and 
twenty  one  ;  to  my  said  Granddaughter  Elizabeth  Caton 
and  her  Heirs,  all  the  aforesaid  Lol  Number  One,  and 
the  small  or  two  acre  Lot  Number  one,  which  are  con- 
veyed to  her  as  aforesaid  according  to  the  metes  and 
bounds  expressed  in  the  said  deed  to  her  bearing  date  on 
the  seventh  day  of  February,  One  thousand  eight  hun- 
dred and  twenty  one  ;  to  my  said  Granddaughter  Louisa 
Catharine  Hervey  and  her  Heirs,  all  the  aforesaid  Lot 
Number  two,  and  the  small  or  two  acre  Lot  Number 
Two,  which  are  conveyed  to  her  as  aforesaid  according 
to  the  metes  and  bounds  expressed  in  the  said  deed  to 
her,  bearing  date  on  the  seventh  day  of  February,  One 
thousand  eight  hundred  and  twenty  one  ;  to  my  said 
Granddaughter  Emily  MacTavish  and  her  Heirs,  all  the 
aforesaid  Lot  Number  Five,  and  the  small  or  two  acre 
Lot  Number  Five  which  are  conveyed  to  her  as  aforesaid 
according  to  the  metes  and  bounds  expressed  in  the  said 
deed  to  her,  bearing  date  on  the  seventh  day  of  February 
one  thousand  eight  hundred  and  twenty  one  ;  To  my 
said  Granddaughter  Mary  vSophia  Bayard  and  her  Heirs, 
all  the  aforesaid  Lot  Number  Ten  and  the  small  or 
two  acre  Lot  Number  Ten  which  are  conveyed  to 
her  as  aforesaid  according  to  the  metis  rad  bounds 
expressed  in  the  said  deed  to  her,  bearing  date  on  the 
Seventh  day  of  February,  One  Thousand  Eight  hundred 
and  Twenty  one  ;  and  to  the  said  Doctor  William  Howard 
the  Survivor  of  the  said  John  Eager  Howard  the  younger, 
and  his  Heirs,  all  the  aforesaid  Lot  Number  Three,  and 
the  small  or  two  acre  Lot  Number  Three  which  are  con- 
veyed to  them  as  aforesaid  in  Trust  for  my  said  Grand- 


il 


'I     ^1 


!'  ( 


i  |. 


f 


4 1 4  Charles  Carroll  of  Car  roll  ton. 


Mi 


*^.!  '.: 


w 


,  \ 


\^ 


■^  \ 


•'•'» 


I . 


\' 


daughter  Elizabeth  Chew  Carroll  now  Elizabeth  C'hew 
Tucker  and  her  Heirs,  and  for  other  purposes,  according 
to  the  metes  and  bounds  expressed  in  the  said  -  's  of 
Lease  and  Release  thereof  to  them,  bearing  date  .pect- 
ively  on  the  sixth  and  seventh  days  of  I'Y'briiary,  one 
thousand  eight  hundred  and  twenty  one  ;  which  devise 
is  upon  the  same  Trusts,  and  for  the  same  intents  and 
purposes  as  are  expressed  in  the  deed  of  Release  last 
aforesaid  ;  and  to  the  said  Doctor  William  Howard,  the 
Survivor  of  the  said  John  Eager  Howard  the  younger, 
and  his  Heirs,  all  the  aforesaid  Lot  Number  Four,  and 
the  small  or  two  acre  l^ot  Number  Four,  which  was  con- 
veyed to  them  as  aforesaid  in  Trust  for  my  said  Grand- 
daughter Harriet  Carroll  and  her  Heirs,  and  for  other 
purposes,  according  to  the  metes  and  bounds  exi  ised 
in  the  said  deeds  of  Lease  and  Release  thereof  t  'm, 
bearing  date  respectively  on  the  Sixth  and  Seventh  days 
of  February,  One  Thousand,  Eight  Hundred  and  Twenty 
one,  which  devise  is  upon  the  same  Trusts,  and  for  the 
same  intents  and  purposes  as  are  expressed  in  the  deed 
of  Release  last  aforesaid  ;  and  to  the  said  Doctor 
\Villiam  Howard  the  Survivor  of  the  said  John  Eager 
Howard  the  younger  and  his  Heirs  all  the  aforesaid 
Lot  Number  Seven,  and  the  small  or  two  acre  Lot  Num- 
ber Seven  which  are  conveyed  to  them  as  aforesaid  in 
Trust  for  ray  said  Granddaughter  Louisa  Catharine  Car- 
roll and  her  Heirs,  and  for  other  purposes,  according  to 
the  metes  and  bounds  expressed  in  the  said  deeds  of 
L<ease  and  Release  thereof  to  them,  bearing  date  respec- 
tively on  the  Sixth  and  Seventh  days  of  February,  One 
Thousand,  Eight  hundred  and  Twenty  one  ;  which  De- 
vise is  upon  the  same  Trusts,  and  for  the  same  intents 
and  purposes  as  are  expressed  in  the  deed  of  Release 
last  aforesaid. 


.\  I  « 


;h  c:hew 
:cordinp; 
'"      ^s  of 

;iry,  one 
h  devise 
jnts  and 
lease  last 
vard,  the 
younger, 
'our,  and 
was  con- 
i  Grand- 
or  other 
xt      ised 

t  Mil, 

inth  days 
i  Twenty 
I  for  the 
he  deed 
Doctor 
1   Eager 
foresaid 
ot  Num- 
esaid  in 
ine  Car- 
rding  to 
leeds  of 
respec- 
ry,  One 
lich  De- 
intents 
Release 


Appendix  C. 


415 


And  whereas  I  have  Contracted,  and  may  hereafter 
contract  for  the  Sale  of  sundry  parcels  and  tracts  of  land, 
to  Conveyances  of  and  for  which  the  (Jontrac  ting  parties 
will  become  Entitled  on  fuKiUing  the  conditions  of  Iheir 
respective  Contracts,  which  may  not  take  place  during 
my  life,  I  do  hereby  direct  and  empower  my  Executors 
hereinafter  named,  and  the  survivors  or  survivor  of  them 
to  execute  Conve}ances  for  and  of  all  such  Eands  in 
Fee  simple  or  otherwise  according  to  the  respective  ct)n- 
tracts  to  the  respective  contracting  p-arties,  or  those 
claiming  under  them,  on  the  fulfilment  of  the  Conditions 
of  Sale  by  them  respectively,  and  I  do  hereby  Devise  all 
such  Lands  to  my  said  Executors  and  to  the  Survivor  of 
them  and  the  Heirs  of  such  Survivor  for  the  purpose  of 
better  enabling  them  so  to  Convey. 

1  have  already  paid  for  my  Grandson  Charles  Carroll 
a  sum  of  money  in  order  to  prevent  the  Sale  of  Home 
Wood,  which  belongs  to  him  ;  and  may  hereafter  pay 
other  sums  for  his  individual  benefit  ;  and  as  it  is  not 
just  that  the  ])ortion  of  my  Estate  devised  to  his  Sisters 
should  be  charged  with  money  paid  for  his  exclusive 
benefit,  I  hereby  direct  that  all  sums  (except  the  annual 
allowance  for  the  su])port  of  himself  and  his  family), 
which  shall  be  charged  against  him  not  as  Administrator 
in  my  said  Book  marked  F.  A.,  and  which  shall  remain 
open  against  him  at  the  time  of  my  decease,  shall  be 
allotted  and  charged  against  him  as  a  part  of  his  share 
of  the  one  Third  of  the  General  Residuum  devised  to 
him  and  his  Sisters,  and  shall  be  accounted  for  out  of 
his  part  of  the  said  one  third. 

I  do  hereby  nominate,  Constitute,  and  ai)point  Robert 
Oliver,  Richard  Caton,  and  John  MacTavish,  Executors 
of  this  my  last  Will  and  Testament.  But  as  the  said 
John  MacTavish  is  not  a  Citizen  of  the  United  States, 


I, 


II' 


It' 


1  f 


\l 


4 1 6  Charles  Carroll  of  Carrollton. 


ti' 


^  A 


and  may  therefore  at  the  time  of  my  death  not  be  quali- 
fied by  Law  to  act  as  one  of  my  Executors,  I  do  therefore 
(in  case  the  said  John  MacTavish  by  reason  of  any  legal 
Impediment  should  •  disqualified  from  acting  as  one  of 
my  Executors),  \  "eby  substitute  my  Granddaughter, 
Emily  MacTavi?'.  in  the  place  of  her  husband,  the  said 
John  MacTavish,  and  in  that  case  constitute  and  appoint 
the  said  Emily  MacTavish,  Executrix,  and  the  said  Rob- 
ert Oliver  and  Richard  Caton,  Executors,  of  this  my  last 
Will  and  Testament.  And  I  do  further  will  and  direct 
that  no  Commission  or  Compensation  whatsoever  be  al- 
lowed on  the  Settlement  of  my  Estate  ;  it  being  my  ex- 
press desire  that  no  expense  be  incurred  in  the  winding 
up  of  the  same,  excepting  such,  as  shall  be  just  and 
unavoidable. 

I  give  to  Mrs.  Jane  Shaw  the  sum  of  One  Thousand 
dollars  provided  she  survives  me. 

My  servant  Bill  has  served  me  faithfully,  and  if  he 
survives  me,  I  wish  to  make  his  latter  years  comfortable. 
But  at  my  death  he  may  be  over  forty-five  years  of  age, 
and  therefore,  incapable  of  receiving  a  manumission. 
If  he  should  be  over  forty-five  at  the  time  of  my  death, 
I  request  that,  he  may  be  released  from  service,  and  that 
my  Grandson,  Charles  Carroll,  pay  him  an  Annuity  of 
Fifty  dollars  a  year,  during  his  Life,  and  to  permit  him, 
if  he  desires  it,  to  reside  on  the  Manor  of  Doughoregan. 
If  my  said  servant  Bill  should  be  under  forty-five  years 
of  age  at  the  time  of  my  death,  I  hereby  manumit  him, 
and  set  him  free  at  my  death,  and  direct  my  said  Grand- 
son to  pay  him  the  above  Annuity. 

In  witness  whereof,  I  have  to  this  my  last  Will  and 
Testament  set  and  subscribed  my  Hand  and  Seal,  this 
second  day  of  September,  One  Thousand,  Eight  hundred 
and  Twenty-five.  Ch.  Carroll  of  Carrollton. 

[Seal] 


H 


h\ 


be  quali- 
therefore 
any  legal 
as  one  of 
daughter, 
,  the  said 
i  appoint 
laid  Rob- 
s  my  last 
id  direct 
rei  be  al- 
g  my  ex- 
winding 
just  and 

'housand 

nd  if  he 
fortable. 
s  of  age, 
imission. 
ly  death, 
and  that 
nuity  of 
mit  him, 
loregan. 
ve  years 
mit  him, 
Grand- 

Vill  and 
eal,  this 
luudred 

LTON. 


Appendix  C.  ^ly 

Signed,  Sealed,  Published,  and  Declared  by  the  Tes 
tator  as  his  last  Will  and  Testament,  in  the  presence  of 
us,  who  at  his  request,  in  his  presence,  and  in  the  pres- 
ence  of  each   other,   have    subscribed    our    Names    as 
Witnesses  thereto,  the  following  interlineations  and  cor- 
rections  being  first  made,  that  is  to  say,  the  words  %ach 
of  "   being  first  inserted  between  the  words   •'  of  "  and 
"my  "  in  the  eighth  line  of  the  fifth  page,  the  words 
^^last  mentioned  four  "  between  the  words  ''said  "and 
Granddaughters  "  in  the  fourth  line  from  the  bottom 
of  the  seventh  page,  the  words  "  Katy   and  "  between 
the  words  "  and  "  and  ''  her  "  in  the  fifteenth  line  of  the 
tenth  page,  and  the  words  "  and  Nelly  and  her  children  " 
between  the    words  "children"   and  "which"    in  the 
following  line  of  the  same  page  ;  the  words  "  and  the 
house  formerly  occupied  "  in  the  sixteenth  and  seven- 
teenth Imes  of  the  sixteenth  page  being  first  expunged 
and  the  words  "  and  owned  "  at  the  commencement  of 
the  fourth  line  from  the  bottom  of  the  same  page  being 
inserted  ;  the  words  "  of  her  "  in  the  ninth  line  of  the 
seventeenth  page   being  also  expunged  as  well  as  the 
words  "Two  Thousand  "  in  the  fourth  line  of  the  eigh- 
teenth page  ;  the  words  "  and  also  all  arrears  of  interest 
on  the  said  Sum  of  Five  Thousand  Dollars  "  being  in- 
serted between  the  words  "  Dollars  "  and  "  that  "  in  the 
fifth  line  from    the    bottom  of  the   twenty-first  page  • 
the  words  "  and  rent  "  between  the  words  "  notes  "  and 
"shall  "  in  the  eleventh  line  of  the  twenty-third  page  • 
the  words  "  and  with  my   Daughters  respectively  "  be- 
tween the  words  "father"  and  "in"  in  the  fourth  line 
from  the  bottom  of  the  thirty-fourth  page,  the  words  "as 
a  part  of  the  one  third  of  the  said  residuum  "  between 
the  words  "residuum  "  and  "devised  "  in  the  first  line 
""^  ^^voL^^/'Jj;'^^^^'  P^S^  '  ^^^  ^^^  ^"^'^^  "  now  Elizabeth 


I  i 


,i  ( 


:'l  f 


J 


4 1 8  CJiarles  Carroll  of  Carrollton. 

Chew  Tucker  "  being  also  inserted  between  the  third  and 
fourth  lines  from  the  bottom  of  the  forty-seventh  page, 
and  the  same  words  again  introduced  between  the  sec- 
ond and  third  lines  of  the  fifty-fifth  page  ;  the  numerical 
figures  in  red  ink  at  the  corners  of  the  pages  from  forty- 
five  to  fifty-eight  inclusive  being  also  Expunged. 

Witnesses : 

B.  Taney, 
ALLEN  Thomas, 
Geo.  Howard, 
Geo.  Cook. 

I,  CHARLES  CARROLL  OF  CARROLLTON,  do 
make  this  Codicil  to  my  last  Will  and  Testament. 

ist.  I  give  and  devise  to  my  Grandson,  Charles  Car- 
roll, his  Heirs  and  Assigns,  all  my  Manor  and  Lands 
situate  in  Anne  Arundle  County,  called,  or  known  by  the 
name  of  Doughoregan  Manor,  or  Doughoregan  Manor 
enlarged,  together  with  all  my  other  Lands  adjoining  to 
the  said  Tract  or  Tracts  of  land,  or  to  either  of  them. 
But,  if  my  said  Grandson,  Charles  Carroll,  shall  die  with- 
out leaving  issue,  Male,  living  at  the  time  of  his  death, 
or  in  ventre  sa  mere,  then,  I  give  and  devise  all  of  the 
said  Lands,  from  and  after  the  death  of  the  said  Charles 
Carroll  to  my  daughters  Mary  Caton  and  Catharine 
Harper  and  to  all  the  daughters  now  born,  or  hereafter 
to  be  born,  of  my  said  Grandson,  Charles  Carroll,  their 
Heirs  and  Assigns  for  ever,  as  Tenants  in  common,  and 
not  as  joint  Tenants  to  be  divided  between  them  in  the 
following  manner,  The  one  third  of  all  of  the  said  Lands 
above  mentioned  to  my  daughter  Mary  Caton,  her  Heirs 
and  Assigns.  Another  third  part  to  my  daughter  Catha- 
rine Harper,  her  Heirs  and  Assigns  ;  and  the  remaining 
third  part  to  all  the  daughters  of  my  said  Grandson  now 


ti 


'.M 


Appendix  C. 


419 


lird  and 
h  page, 
the  sec- 
merical 
n  forty- 


Y, 

)MAS, 
lRD. 


ON,  do 

les  Car- 

l  Lands 

a  by  the 

Manor 

ining  to 

)f  them. 

lie  with- 

death, 

of  the 

Charles 

atharine 

ereafter 

1,  their 

on,  and 

n  in  the 

1  Lands 

r  Heirs 

Catha- 

Tiaining 

on  now 


born,  or  hereafter  to  be  born,  their  Heirs  and  Assigns 
for  ever,  equally  to  be  divided  between  them  as  Tenants 
in  common, 

2d.  In  my  Will  I  have  devised  to  my  daughter  Catha- 
rine Harper,  Five  thousand  Eight  hundred  and  Ninety- 
Seven  Acres  of  land  in  Pennsylvania,  being  an  undivided 
part  of  Twenty-seven  thousand  Six  Hundred  and  Ninety- 
one  Acres,  and  also  certain  Houses  and  Lots  fronting  on 
Gay  street  in  the  City  of  Baltimore, — Now,  I  do  by  this 
Codocil  give  and  devise  the  said  Five  thousand  Eight 
Hundred  and  Ninety-Seveii  Acres  of  land  and  the  said 
Houses  and  Lots  fronting  on  Gay  Street,  in  the  City  of 
Baltimore,  to  my  three  Grandchildren,  Charles  C.  Har- 
per, Emily  Harper,  and  Robert  Harper,  their  Heirs  and 
Assigns,  for  ever,  to  be  equally  divided  between  them  as 
Tenants  in  Common. 

3d.  In  my  said  Will  I  have  devised  and  bequeathed 
sundry  Lots  and  Rents  in  the  City  of  Baltimore,  together 
with  the  plate,  household  and  kitchen  furniture  which 
may  be  commonly  used  or  employed  in  or  about  the 
House  in  which  my  Son-in-Law,  Richard  Caton,  resides 
in  the  City  of  Baltimore,  or  at  th^  Farm  in  Baltimore 
County,  called  Brookland  Wood  at  the  time  of  my  death, 
and  also  all  the  Slaves  commonly  employed  in  or  at,  and 
about  the  said  House  or  Farm  at  the  time  of  my  death 
to  my  friends  John  MacTavish,  Richard  Steuart,  and 
Lewis  Neth,  in  trust  for  the  separate  use  of  my  Daughter 
Mary  Caton  during  her  life,  and  after  her  death  for  the 
use  of  the  said  Richard  Caton  during  his  life,  and  after 
his  death  to  their  four  daughters,  Mary  (now  Marchioness 
of  Wellesly),  Elizabeth  Caton,  Louisa,  and  Emily,  their 
Heirs  and  Assigns  for  ever,  as  by  the  said  Will,  reference 
being  thereunto  had,  will  more  fully  and  at  large  appear. 
Now   I  do  hereby  revoke  so  much  of  the  said  clause 


k 


W 


420  CJiarles  Carroll  of  Carrollton, 


\ 


i\ 


^.j'  I'M 


;l 


a 


^h  iki 


{M^ 


above  mentioned  in  my  Will  as  directs  that  the  said 
property  so  devised  or  bequeathed,  should  be  for  the 
use  of  my  Son-in-Lavv,  Richard  Caton,  for  and  during 
his  life,  in  case  he  should  survive  his  wife,  Mary  Caton. 
And,  I  will  and  direct  that,  all  the  Rents,  Lots,  Slaves, 
Plate,  Household,  and  Kitchen  furniture,  and  property 
mentioned,  and  devised  or  bequeathed  by  the  aforesaid 
Clause  of  my  Will,  shall  upon  the  death  of  my  daughter 
Mary  Caton,  be  conveyed  and  transferred  by  my  said 
Trustees  to  my  four  Granddaughters,  Mary  (Marchioness 
of  Wellesly),  Elizabeth  Caton,  Louisa,  now  Lady  Hervey, 
and  Emily  MacTavish,  to  them,  their  Heirs,  Executors, 
Administrators,  and  Assigns  as  Tenants  in  Common. 

4th.  I  give  and  devise  to  my  friends,  John  MacTavish, 
Doctor  Richard  Steuart,  and  Lewis  Neth,  and  to  the  Sur- 
vivors and  Survivor  of  them  and  to  the  Heirs  of  such 
Survivor,  all  my  Lots  and  Rents  in  the  Village  of  Caton- 
ville  in  Baltimore  County,  and  all  my  right,  title,  and 
interest  in,  to,  or  out  of  the  said  Lots,  in  trust  for  the 
separate  use  of  my  daughter  Mary  Caton  during  her 
natural  life,  free  from  the  controul  of  her  husband,  and 
from  and  after  the  death  of  the  said  Mary  Caton  for  the 
use  of  her  fcu^  daughters  Mary,  Elizabeth,  Louisa,  and 
Emily,  their  Heirs  and  Assigns  for  ever,  in  equal  propor- 
tions as  tenants  in  Common. 

5th.  I  give  and  bequeath  to  my  Granddaughter  Emily 
MacTavish  the  one  half  of  the  Negroes  and  the  one 
half  of  all  the  other  personal  property  belonging  to  me, 
which  may  be  on  the  farm  called  the  Folly,  part  of 
Doughoregan  Manor,  at  the  time  of  my  death  ;  but,  this 
Bequest  is  not  intended  to  embrace  those  Slaves  on  the 
said  farm  which  formerly  belonged  to  my  Son,  Charles 
Carroll. 

6th.     I    give    and   bequeath    to  my   Granddaughter 


t       I    ='!l 


I'   • 


Appendix  C.  421 

Emily  MacTavish,  the  following  Negroes  that  is  to  say 
Nancy  (Gardener  Harry's  daughter),  and  her  children, 
and  Basil  her  husband— also  Rachel  Hart  and  her  chil- 
dren and  increase,  William,  (Charlotfs  son),  Adolphus, 
Beales  son),  Susan,  (  Fitia's  daughter),  and  Julie,  (Mil- 
ley's  daughter),  and  also  all  the  children  of  the  above- 
mentioned  female  Slaves  which  may  be  born  after  the 
date  of  this  Codocil  and  before  my  death. 

7th.  I  give,  to  my  four  Grand-daughters,  Mary,  (Mar- 
chioness  of  Wellesley),  Elizabeth  Caton,  Louisa  (Lady 
Hervey),  and   Emily   McTavish  to  be  equally  divided 
between  them  as  Tennants  in    Common,  the  following 
Slaves,  some  of  whom  at  the  date  of  this  my  Codocil  are 
learning  the  several    Trades   annexed   to  their  Name^- 
that  is  to   say,  Paul,  (Beal's  son)   Blacksmith  ;  James' 
(Harry's   son)    Ploughmaker ;    William,    (Toney's    son) 
Stone  Mason  ;  Sally,  (Charles'  daughter)  at  Gibbons's  • 
Moses,  (Joe's  son)  Wheelwright ;  Robert,  a  Shoemaker  ;' 
Kitty,  (Ben's  daughter)  at  this  time  at  the  Farm  called 
Brookland  Wood,  and  Ellen,  (Harry  Hart's  daughter) 
who  is  also  at  Brookland. 

And  it  is  my  Will,  and  1  do  hereby  direct  that,  if  any 
of  the  Slaves  mentioned  in  the  two  last  preceding  Clauses 
of  this  Codocil,  that  is  to  say  in  the  sixth  and  seventh 
Clauses  of  this  Codocil,  shall  be  at  Doughoregan  Manor 
at  the  time  of  my  death,  they  shall  not  be  reckoned 
among  the  Slaves  to  be  distributed  in  Uie  manner  men- 
tioned in  my  Will,  nor  shall  the  Slaves  bequeathed  to 
my  Grand-daughters,  or  either  of  them  in  the  said  two 
Clauses  of  this  Codocil  be  considered  as  a  part  of  the 
one  third  of  the  Slaves  on  Doughoregan  Manor  be- 
queathed in  my  Will  to  my  four  last  mentioned  Grand- 
daughters to  be  equally  divided  between  them. 

8th.  I  bequeath  to  my  Grand-daughter  Emily  McTav- 


■M. 


\t\ 


< 


t  \  jf  I 


Vi 


J. 


,1 


h! 


422  Charles  Carroll  of  Car rollton. 


1  \ 


.ffj,  , 


1  r    '  k.  1     BS  'I; 


M 


ish  the  one  half  of  all  the  Tobacco,  Corn,  and  Wheat 
which  shall  be  on  Doughoregan  Manor  and  belong  to  me 
at  the  time  of  my  death,  and  which  at  that  time  shall  not 
have  been  sold,  or  contracted  to  be  sold  ;  excepting  from 
this  bequest  what  may  be  due  from  Tenants.  In  this  be- 
quest I  mean  to  include  the  tobacco,  Corn,  and  Wheat 
growing,  or  remaining  on  the  ground,  and  also  that  which 
may  be  secured  in  Houses,  Barnes,  or  otherwise,  at  the 
time  of  my  death.  I  also  give  to  the  said  Emily  McTav- 
ish  the  one  half  of  the  plate  and  household  furniture 
which  shall  belong  to  my  dwelling  House  on  Doughore- 
gan Manor  at  the  time  of  my  death.  The  other  half  of 
the  said  Tobacco,  Corn,  and  Wheat,  plate  and  household 
furniture,  and  all  rents  due  at  the  time  of  my  death  to 
remain  to  my  Grandson  Charles  Carroll. 

9th,  I  bequeath  to  my  Grand-daughter  Elizabeth  Caton 
Ten  thousand  Dollars  ;  and  also  to  my  Grand-daughter 
Louisa  (Lady  Hervey)  Ten  Thousand  Dollars.  And  I 
hereby  direct  that  the  said  Two  Legacies,  amounting  to- 
gether to  Twenty  Thousand  Dollars,  be  taken  out  of  the 
one  third  of  the  General  Residuum  of  my  Estate  devised 
and  bequeathed  in  my  aforesaid  Will  in  trust  for  my 
daughter  Mary  Caton  for  life,  and  after  her  death  to  her 
four  daughters.  The  said  Sum  of  Twenty  Thousand 
Dollars  is  to  be  reckoned  and  accounted  as  a  part  of  the 
said  last  mentioned  one  third  of  the  general  residuum  of 
my  Estate  in  the  division  thereof,  and  the  other  two 
thirds  of  the  said  general  residuum  are  not  to  be  dimin- 
ished by  reason  of  the  said  two  Legacies. 

loth.  It  is  my  Will  and  intention  that  all  property  real 
and  personal  of  every  kind  and  description  devised  or 
bequeathed  to  my  Grand-daughters,  or  to  any,  or  to 
either  of  them,  by  my  aforesaid  Will,  or  by  this  Codocil, 
and  all  the  Estate,  interest,  property  and  money  to  wii'rh 


ty  real 
Ised  or 
or  to 
odocil, 


Appendix  C. 


423 


my  Grand-daughters,  or  any,  or  either  of  them  may  here- 
after become  Entitled  under  or  by  virtue  of  my  said  Will, 
or  this  Codocil,  shall  be  free  from  the  Control  of  their 
respective  husbands,  and  in  order  more  effectually  to  ac- 
complish this  purpose  I  hereby  devise  and  bequeath  to 
my  friends  John  McTavish,  Doctor  Richard  Steuart,  and 
Lewis  Neth  all  the  property,  Estate  and  estates,  interest 
and  interests,  share  and  shares,  proportion  and  propor- 
tions, money  and  legacies,  which  by  my  said  Will  or  this 
Codocil  I  have  before  given  to  my  Grand-daughters,  or 
to  any,  or  to  either  of  them  in  possession  or  remainder, 
or  to  which  my  said  Grand-daughters  or  any,  or  either 
of  them  may  become  entitled  in  any  manner  under  and 
by  virtue  of  my  said  Will,  or  this  Codocil,  in  trust  that 
they  the  said  John  McTavish,  Doctor  Richard  Steuart 
and  Lewis  Neth,  and  the  Survivors  and  Survivor  of  them, 
will  by  proper  Deeds  and  Instruments  of  writing  secure 
the  same,  and  every  part  and  parcel  thereof  to  the  sepa- 
rate use  of  my  Grand-daughters  and  of  each  and  every 
of  them  according  to  their  several  proportions  and  inter- 
ests as  specified  and  mentioned  in  my  said  Will,  or  in 
this  Codocil,  And  in  such  manner  that  my  said  Grand- 
daughters and  each  and  every  of  them  may  at  all  times 
hold  their  said  respective  interests  free  from  the  Controul 
of  their  present  or  future  husbands,  and  be  able  and  ca- 
pable notwithstanding  their  Coverture  to  use  or  dispose 
of  the  same  and  every  part  and  parcel  thereof  by  deed. 
Will,  or  otherwise,  as  absolutely  and  freely  as  if  they  were 
sole  and  unmarried. 

nth.  In  my  aforesaid  v\iU^  I  have  devised  and  be- 
queathed to  the  Most  Reverend  Ambrose  Marechal 
Arch-Bishop  of  Baltimore  certain  real  and  personal 
property  particularly  mentioned  in  my  said  Will,  I  hereby 
revoke  and  annul  all  the  devises  and  bequests  made  to 


i 


;i 


i  i 


1 


I         '  I  '^ 


li 


:i] 


n 


Li    •      1 


1      > 


424  Charles:  Carroll  of  Car roUto7i, 

him  in  my  said  Will,  and  declare  the  same  and  every 
part  and  parcel  thereof,  and  the  uses  and  privileges  con- 
nected therewith  to  be  annulled  and  revoked. — And,  I 
hereby  bequeath  to  the  Most  Reverend  Ambrose  Mare- 
chal  the  sum  of  Three  Thousand  Dollars. 

1 2th.  I  hereby  revoke  and  annul  so  much  of  my  afore- 
said last  Will  and  Testament  as  may  be  inconsistent  with 
this  Codocil,  and  in  all  other  respects  ratify  and  Confirm 
the  said  Will. 

In  Testimony  Whereof,  I  have  hereunto  set  my  Hand 
and  affixed  my  Seal  this  fifth  day  of  February  in  the  year 
of  our  Lord  One  Thousand  Eight  hundred  and  Twenty 
Seven. 

Charles  Carroll  of  Carrollton. 

[Seal] 
Signed,  Sealed,  Published  and  Declared  by  the  above 
named  Charles  Carroll  of  Carrollton  the  Testator  therein 
mentioned,  as  and  for  a  Codocil  to  his  Last  Will  and 
Testament,  in  the  Presence  of  us,  who,  at  his  request,  in 
his  presence,  and  in  the  presence  of  each  other,  have  sub- 
scribed our  Names  as  Witnesses  thereto. 

RoswELL  L.  Colt. 
John  Thomas. 
R.  B.  Taney. 

I,  CHARLES  CARROLL,  OF  CARROLLTON,  do 

make  this  my  second  Codocil  to  my  last  Will  and  Testa- 
ment. In  my  first  Codocil,  I  have  devised  to  my  Grand- 
son Charles  Carroll,  his  heirs  and  assigns,  all  my  Lands 
called  Doughoregan  Manor,  or  Doughoregan  Manor 
Enlarged,  with  all  my  lands  adjoining  the  said  tract  or 
either  of  them,  and  in  the  event  of  his  dying  without 
issue  male,  living  at  the  time  of  his  death,  or  in  ventre  sa 
mere,  I  have  by  the  same  Codocil,  devised  over  the  same 


Appendix  C. 


425 


^  ij 


d  every 
;es  con- 
-And,  I 
e  Mare- 

y  afore- 
snt  with 
Confirm 

ly  Hand 
the  year 
Twenty 

LTON. 

al] 

e  above 
r  therein 
Vill  and 
auest,  in 
ave  sub- 

LT. 


ON,  do 

Testa- 
Grand- 
Lands 
Manor 
tract  or 
without 
ntre  sa 
le  same 


lands,  among  the  families  of  my  said  Grandson,  and  my 
two  daughters  :  as  by  the  said  Codocil  appears. 

It  has  always  been  my  desire  to  secure  the  said  lands  to 
the  male  branch  of  my  family  as  long  as  the  laws  of  this 
State  will  permit  ;  and  as  my  said  Grandson  has  at  this 
time  two  sons,  I  have  determined  to  change  the  dis^josi- 
tion  heretofore  made  of  these  lands,  find  do  now  devise 
as  follows  : 

I  give  and  devise  all  my  lands  called  Doughoregan 
Manor,  and  all  my  lands  called  Doughoregan  Manor 
Enlarged,  and  all  my  lands  adjoining  the  said  tracts  of 
land  or  either  of  them,  to  my  grandson  Charles  Carroll, 
to  hold  to  him  during  his  natural  life  ;  and  from  and 
after  his  decease,  1  give  and  devise  all  the  said  lands  to 
my  great-grandson  Charles  Carroll,  eldest  son  of  my 
said  grandson,  for  and  during  the  term  of  his  natural 
life  :  and  from  and  after  the  decease  of  my  said  great- 
grandson  Charles  Carroll,  to  remain  to  the  first  son  of 
my  said  great-grandson,  and  the  heirs  male  of  the  body 
of  such  first  son  lawfully  issuing ;  and  for  default  of  such 
issue,  then  to  the  second,  third,  fourth,  fifth  and  sixth, 
and  all  and  every  other  sons  of  my  said  great-grand- 
son Charles  Carroll,  to  be  lawfully  begotten,  and  to 
the  heirs  male  of  their  bodies,  respectively  the  elder 
of  such  son  or  sons,  and  the  heirs  male  of  his  body 
lawfully  issuing,  always  to  be  preferred  and  to  take 
before  the  younger  of  such  sons,  and  the  heirs  male  of 
his  body  : — and  in  default  of  such  issue,  then  I  give  the 
said  lands  to  my  great-grandson  Thomas  Lee  Carroll, 
second  son  of  my  said  grandson,  for  and  during  the  term 
of  his  natural  life  ;  and  after  his  decease,  to  remain  to 
his  issue,  in  tail,  male,  in  such  manner  as  I  have  limited 
the  same  to  my  great-grandson  Charles  Carroll ;  and  his 
issue  male  : — and  in  default  of  such  issue  then  to  the 


''   i  il 


!:  im 


Fi 


426  Charles  Carroll  of  Carrollton, 

third  son  of  my  grandson  Charles  Carroll ;  and  to  the 
heirs  male  of  the  body  of  such  third  son,  lawfully  be- 
gotten ;  and  for  default  of  such  issue,  then  to  the  fourth, 
fifth  and  sixth,  and  all  and  every  other  sons  of  my  said 
grandson  Charles  Carroll,  lawfully  begotten,  and  to  the 
heirs  male  of  their  respective  bodies  : — the  elder  of  such 
son  or  sons,  and  the  heirs  male  of  his  body,  lawfully  be- 
gotten, always  to  be  preferred,  and  to  take  before  the 
younger  of  such  sons  and  the  heirs  male  of  his  body  : 
and  in  default  of  such  issue,  then,  the  one  undivided 
third  part  of  the  said  lands  to  remain  to  the  right  heirs 
of  my  said  grandson  Charles  Carroll  forever.  One  other 
undivided  third  part,  to  my  daughter  Mary  Caton  her 
heirs  and  assigns  ;  and  the  remaining  third  part  to  my 
daughter  Catharine  Harper  her  heirs  and  assigns. 

In  my  Will,  I  have  given  to  my  daughter  Mary  Caton, 
certain  lots  in  the  City  of  Annapolis,  and  among  them, 
my  lot  adjoining  my  former  dwelling  house,  upon  which 
my  Coach-house  stands  :  I  hereby  declare  that  in  that 
devise  I  intended  to  give  all  of  the  ground  to  the  waters 
edge,  as  a  part  of  the  said  lot,  and  direct  that  the  said 
devise  shall  be  so  construed  and  understood.  And  it  is 
my  Will  that  all  of  the  property  real  and  personal,  devised 
and  bequeathed  to  the  trustees  mentioned  in  my  Will  and 
Codocil,  upon  certain  trusts  therein  mentioned  shall  be 
and  remain  subject  to  the  said  trusts,  not  only  in  the 
hands  of  the  said  trustees,  but  in  the  hands  of  the  survi- 
vors and  survivor  of  them,  and  the  heirs.  Executors  and 
Administrators  of  the  survivor. 

In  my  book  of  family  accounts  marked  F.  A.  I  have 
caused  the  accounts  of  my  advances,  made  to  the  family 
of  my  deceased  son,  and  of  my  two  daughters,  to  be  care- 
fully revised,  and  balanced  to  the  twentieth  day  of  No- 
vember Eighteen  hundred  and  twenty-nine  ;  and  I  have 


I  i- 


^\ 


Appendix  C. 


427 


•i 


d  to  the 
fully  be- 
e  fourth, 

my  said 
d  to  the 

of  such 
fully  be- 
ifore  the 
s  body  : 
n  divided 
^ht  heirs 
'ne  other 
aton  her 
rt   to  my 

y  Caton, 

ng  them, 

n  which 

in  that 

e  waters 

the  said 

^nd  it  is 

devised 

Will  and 

shall  be 

in  the 

le  survi- 

ors  and 

,  I  have 

i  family 

)e  care- 

of  No- 

I  have 


ascertained  that  up  to  that  day,  I  have  advanced  to  the 
family  of  my  daughter,  Mary  Caton,  Fifty-four  thousand 
three  hundred  and  thirty-two  dollars  and  ninety-two 
cents  ;  to  the  family  of  my  deceased  son  Charles  Carroll, 
one  hundred  and  seven  thousand,  four  hundred  and  fifty- 
one  Dollars  and  sixty-seven  cents  ;  and  to  the  family  of  my 
Daughter  Catharine  Harper,  one  hundred  and  four 
thousand,  three  hundred  and  five  Dollars  and  fifty-three 
cents  :  and  I  do  hereby  ratify  and  confirm  the  balances 
so  struck  in  my  said  book  marked  F.  A.  and  declare  the 
sums  above  mentioned  to  be  the  amount  advanced  to  the 
respective  families  of  my  three  children  to  the  twentieth 
day  of  November  in  the  year  eighteen  hundred  and 
twenty-nine  :  which  said  several  advances  are  to  be  ac- 
counted for,  and  allowed  in  the  distribution  of  the 
general  residuum  of  my  Estate,  in  the  manner  directed 
in  my  Will.  The  sums  of  money  charged  against  my 
grandsons  Charles  Carroll,  and  Charles  C'arroU  Harper, 
as  Administrators  of  their  respective  fathers  are  included 
in  the  balances  above  mentioned,  and  are  not  to  be 
charged  to  my  said  two  grandsons  individually,  but  to  be 
allowed  as  a  charge  against  their  respective  families,  and 
form  a  part  of  the  general  balance  herein  before  men- 
tioned :  and  the  sums  charged  to  my  grandson  Charles 
Carroll  Harper  individually  are  to  be  allowed  as  a  charge 
against  the  share  of  the  residuum  of  my  Estate  bequeathed 
to  him  and  his  brother  and  sister,  and  are  not  to  be  de- 
ducted from  his  proportion  of  that  share  in  the  division 
thereof, — between  him  and  his  brother  and  sister. 

In  my  Will,  I  have  given,  among  other  things,  One 
third  of  my  Slaves  on  Doughoregan  Manor  (except  those 
on  that  part  of  the  Manor,  called  the  Folly),  to  the  four 
daughters  of  my  daughter  Mary  Caton.  1  hereby  revoke 
so  much  of  the  said  bequest  as  relates  to  the  said  one 


428         Cha  rlcs  Ca  rroll  of  Ca  rrolltoyi. 


\  ,ir 


' 


third  of  the  said  Slaves  so  given  to  the  children  of  my 
daughter  Mary  Caton,  and  I  do  hereby  give  and  be- 
queath the  said  one  third  to  my  granddaughter  Emily 
MacTavish. 

I  transferred  to  my  granddaughter  Emily  MacTavish, 
Two  hundred  Shares  of  Stock  in  the  Bank  of  the  United 
States,  in  the  month  of  November  last.  The  said  shares 
were  transferred  to  her  as  a  gift,  and  I  do  hereby  ratify 
and  confirm  it. 

The  sums  charged  in  my  book  marked  F.  A.  advanced, 
or  to  be  advanced  for  the  education  of  my  great-grand- 
son Charles  Carroll  MacTavish,  are  not  to  be  charged 
against  any  bequest  made  to  his  mother  or  father,  in  my 
Will  or  Codocils. 

I  hereby  direct  my  Executors  to  pay  to  A.  Brown  and 
Sons,  five  hundred  pounds  Sterling,  which  they  the  said 
A.  Brown  and  Sons,  have  loaned  to  my  granddaughter, 
Elizabeth  Caton,  and  the  payment  of  which  I  have  guar- 
anteed to  them  ;  Which  said  sum  so  to  be  paid  I  intend 
as  a  gift  to  my  said  granddaughter,  and  hereby  so  de- 
clare it. 

I  direct  that  Julia,  the  mother  of  my  servant  Bill,  shall 
be  allowed  to  live  on  Doughoregan  Manor,  during  her 
life,  and  be  provided  for  and  supported  by  my  grandson 
Charles  Carroll. 

I  hereby  revoke  so  much  of  my  said  Will  and  first 
Codocil,  as  may  be  inconsistent  with  the  directions  "'' 
bequests  contained  in  this  my  second  Code  '  »  'fying  in 
all  other  respects  my  said  Will  and  first  ^il. 

In  testimony  whereof,  I  have  herei.  >  set  my  hand 
and  affixed  my  seal,  on  this  fifth  day  of  Janua'  v  in  the 
year  of  our  Lord  eighteen  hundred  and  thirty. 

Charles  Carroll  of  Carrollton. 

[Seal] 


lS<^       I 


t- 


Appendix  C, 


429 


1  of  my 
and  be- 
r  Emily 

cTavish, 
:  United 
d  shares 
by  ratify 

Ivanced, 

it-grand- 

charged 

;r,  in  my 

own  and 
the  said 
laughter, 
ive  guar- 
I  intend 
y  so  de- 
Jill,  shall 
ring  her 
randson 

uid  first 

|fying  in 

ly  hana 
in  the 

.TON. 


Signed,  sealed,  published,  and  declared  by  the  above 
mentioned  testator,  as  and  for  his  second  Codicil  to  his 
last  Will  and  Testament,  in  the  presence  of  us,  who,  at 
his  request,  in  his  i)resence,  and  in  the  presence  of  each 
other,  have  subscribed  our  names  as  witnesses  thereto. 

R.  B.  Taney, 
Matt^'  Bathurst, 
R.  W.  Fisher. 

Whereas  I  Charles  Carroll  of  Carrollton,  of 
Baltimore  City  in  the  State  of  Maryland,  have  hereto- 
fore made  and  duly  executed  my  last  will  and  testament, 
in  writing,  bearing  date  on  the  second  day  of  September, 
in  the  year  Eighteen  hundred  and  twenty-five,  and  since 
the  Execution  thereof  have  annexed  sundry  Codocils 
thereto  :  and  whereas  since  the  execution  of  my  said  last 
will  and  testament,  I  have  also  made  sundry  dispositions 
of  portions  of  my  Estate,  real,  personal  and  mixed,  and 
have  done  various  acts  affecting  the  same,  which  disposi- 
tions and  acts  are  not  mentioned  in  my  said  last  will  and 
testament,  or  in  any  of  the  Codocils  thereto  :  and  whereas 
it  is  my  anxious  desire  that  the  property  which  I  may  die 
possessed  of,  or  which  I  may  heretofore  have  disposed  of, 
or  in  any  way  affected  by  any  act  of  mine,  or  any  part 
thereof, — may  not  become  after  my  death,  a  subject  of 
litigation  among  my  heirs  or  devisees  ;  but  that  the  dis- 
position which  I  have  made  of  the  same,  or  any  part  of 
it,  by  deed,  last  will  and  testament  and  the  Codocils 
thereto,  or  otherwise,  may  remain  without  impeachment, 
by  any  person,  or  persons,  claiming  or  to  claim,  in  any 
manner,  by  from  or  under  me,  as  heirs  devisees  or  other- 
wise. I  do  therefore  make  this  my  Codocil,  which  I  will 
and  direct  shall  be  taken  and  held  as  a  part  of  my  said 
will  and  testament  in  manner  and  form  following  ;  that 


III 


\   \\ 


i 


5  I  ^ 


N-i 


■P       .t   : 


430  Charles  Carroll  of  Carrollton. 

is  to  say, — 1  do  declare  it  to  be  my  will  and  intention, 
that  if  any  person  or  persons,  claiming,  or  to  claim,  any 
interest  or  estate  whatever,  by  from  or  under  my  last  will 
and  Testament,  and  the  codocils  thereto,  or  from  or  un- 
der any  other  act  or  deed  of  mine  bearing  my  signature, 
or  the  heirs  of  such  person,  or  persons,  or  any  of  them, 
shall  directly  or  indirectly,  attempt  by  suit  in  law  or  in 
Equity,  or  in  any  other  manner,  to  set  aside,  alter,  im- 
pair, disturb  or  interfere  with,  any  disposition,  which  I 
have  heretofore  made  of  my  said  property  or  any  part 
thereof,  by  last  will  and  testament  and  the  Codocils 
thereto,  by  deed,  by  writing  bearing  my  signature  or 
otherwise,  or  who  shall  not  stand  to  or  abide  by  the 
same  ;  according  to  the  true  intent  and  meaning  thereof  ; 
that  then  and  from  the  time  of  such  attempt,  such  per- 
son or  persons  so  making,  or  causing  to  be  made  the 
same,  shall  forfeit  and  be  deprived  of  all  devise,  bequest, 
legacy,  estate  or  interest,  made  or  created  in  his,  her  or 
their  favor,  in  and  by  my  said  last  will  and  testament, 
and  the  Codocils  thereto  ;  and  the  property  or  estate 
real  personal  or  mixed,  so  forfeited,  shall  immediately 
vest  in  the  Executors  of  my  said  last  will  and  testament, 
and  the  survivors  of  them,  and  the  heirs  of  such  sur- 
vivor, with  full  power  to  sue  for  and  recover  the  same, 
should  the  person  or  persons  so  forfeiting  refuse  the 
peaceable  delivery  thereof  ;  and  my  said  Executors  and 
the  survivor  of  them  and  the  heirs  of  such  survivor,  shall 
hold  the  property  so  forfeited  as  aforesaid,  in  Trust,  for 
the  children  of  the  persons  so  forfeiting,  the  revenue  ac- 
cruing on  the  estate  so  forfeited,  to  be  applied  in  the  dis- 
cretion of  my  said  Executors,  and  the  survivor  of  them, 
to  the  maintainance  and  education  of  such  children,  in- 
vesting the  surplus  revenue,  if  any,  in  such  manner  as 
my  said  Executors,  and  the  survivor  of  thera  may  deem 


HMi 


Appendix  C. 


431 

best,  until  the  death  of  the  person  or  persons  so  forfeit- 
ing as  aforesaid,  when  and  not  before,  the  property  so 
forfeited,  together   with   the   increase  thereof,  shall  be 
transferred  to  such  child  or  children  in  the  manner  indi- 
cated by  my  said  last  will  and  testament  ;  or  in  the  ab- 
sence of  such  indication  in  the  proportions  prescribed  by 
the  laws  of  Maryland,  with  regard  to  the  distribution  of 
intestates  Estates  ;  and  if  the  person  or  persons  so  for- 
feiting  as  aforesaid  shall  have  no  children  at  the  time  of 
such  forfeiture,  then  my  said  Executors  and  the  survivor 
of  them  and  the  heirs  of  such  survivor  shall  within  one 
year    after   the   forfeiture  aforesaid,  or   whenever  they 
shall  receive  the   same,  distribute  the  property  so  for- 
feited among  my  heirs  at  law,  according  to  the  legal  dis- 
tribution of  the  Estates  of  Intestates. 

In  testimony  whereof,  I  have  hereto  set  my  hand,  and 
affixed  my  seal,  this  eighteenth  day  of  November  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirtv- 
one.  ^ 

Charles  Carroll  of  Carrollton. 

[Seal] 
Signed  sealed  published  and  declared  by  Charles  Car- 
roll of  Carrollton,  the  above  named  Testator  as  and  for 
a  Codocil  to  his  last  Will  in  the  presence  of  us,  who  at 
his  request  in  his  presence,  and  in  the  presence  of  each 
other  have  subscribed  our  names  as  witnesses  thereto. 

Matt"^  Bathurst 
John  White 
Rob"^  Barry 


i    '■: 


i«  f. 


■WMfWINifM 


I     i'l 


y  \ 


,«^  m 


'1      V 


P'  t 


'i  »'J-.  ..f  , 


ii'"' 


t     I 


if'.l   '.4   ''It"'' 


ii 


APPENDIX  D. 
GENEALOGICAL  NOTES-CARROLL  FAMILY. 

EXTRACTS  from  original  MS.  of  the  pedigree  of  the 
Carroll  family,  Doughoregan  Manor  ;  confirmed 
collaterally  by  the  official  genealogy  in  the  "  Linea  An- 
tiqua  "  in  Dublin  Castle.     (See  chart.) 

"the  origiual   of  the   foregoing   genealogies   of   the 
O'Carrolls  was  brought  by  Charles  Carroll  into  Maryland 
in  a  little  Irish  MS.  book  which  he  strictly  charged  his 
wife  to  deliver  to  me,  his  son  Charles,  and  which  when 
I  was  at  Paris  in  the  year,  1757,  I  got  translated  into 
English,  as  will  appear  by  the  Irish  and  English,  in  op- 
posite  pages,  from  page  i  to  page  65  ;  the  original  little 
Irish  MS.  book  being  still  in  my  possession.     The  above 
Charles  was  second  son  of  Daniel  Carroll,  Esq.,  of  Litter- 
luna,  in  the  King's  County,  in  Ireland.     In  some  meas- 
ure   to   corroborate   the   authenticity   of  the    foregoing 
genealogies,  the  following  are  here  added,  which  were 
lately  transmitted  to  me  from  Ireland,  viz.  :  Anno.  1765, 
by  Anthony  Carroll,  son  of  Daniel,  son  of  Anthony  Car- 
roll, of  Lisheenboy,  in  the  county  of  Tipperary,  which 
Anthony  of  Lisheenboy  was  elder  brother  to  Chicles, 
the  first  settler  in  Maryland,  and  it  likewise  evidences 
the  faithfulness  of  the  foregoing   translation."      (Here 
follows  an  authentic  and  exact  genealogy  of  the  family 
°^  *  vo\?l^f """"'  ""^  ^^"^'"  ^"^  Adamstown-Litterluna 

433 


5   ^ 


I   ■} 


u 


m 


J 

1^' 

i 

■fl  ' 

l 

11 

|j 

J' 

M 


'K 


t! 


'   '^    !'■ 


-^1  ! 


434         Charles  Carroll  of  Carrollton. 

and  Cadamstown,  or  Baile-mic-Adam — in  the  King's 
County  Kingdom  of  Ireland). 

The  above  is  given  as  quoted  in  "  Stemmata  Carroll- 
ana^  being  the  true  version  of  the  Pedigree  of  Carroll  of 
Carrollton  and  correcting  that  erroneously  traced  by  Sir 
William  Betham,  late  Ulster  King-of-arms."  [See  chart.] 

Charles  Carroll  of  Carrollton  no  doubt  brought  over 
for  his  father,  this  genealogy  furnished  by  Anthony 
Carroll,  on  his  return  to  America  in  1765.  It  will  be 
seen  that  Anthony  Carroll  is  here  spoken  of  by  Charles 
Carroll  of  Annapolis  as  son  of  Daniel,  son  of  Anthony 
Carroll  of  Lisheenboy,  County  of  Tipperary.  By  refer- 
ring to  the  genealogy  given  by  Anthony,  it  is  found  that 
Anthony  of  Lisheenboy,  son  of  Daniel,  had  beside  his  eld- 
est son,  Daniel,  three  other  sons,  Michael,  James,  and 
Charles.  According  to  the  chart  given  in  this  book,  James 
was  a  Captain  in  Lord  Dongan's  Regiment  of  Dragoons, 
from  whom  descend  Carrolls  of  Dublin  and  New  York. 
Who  then  was  James  Carroll  of  Ann  Arundel,  Maryland, 
apparently  from  Tipperary  County,  Ireland,  who  made 
his  will  in  1728  ?  (See  Appendix.)  He  was  undoubtedly 
a  relative  of  Charles  Carroll,  brother  of  Anthony  of 
Lisheenboy.  (See  his  will  and  will  of  Charles  Carroll 
the  Immigrant.)  James  mentions  in  his  will  two  brothers, 
Daniel  and  Michael  ;  he  does  not  mention  any  brother 
Charles.  But  Charles,  son  of  Anthony  of  Lisheenboy, 
died  in  1724,  therefore,  of  course,  would  not  be  men- 
tioned in  his  brother's  will.  James  makes  Anthony  Car- 
roll, only  son  of  his  brother  Daniel,  his  heir-at-law,  and 
apparently  was  himself  unmarried  and  childless. 

Anthony  Carroll,  grandson  of  Anthony  of  Lisheenboy, 
speaks  in  his  letters  to  Charles  Carroll  of  Annapolis,  of 
his  uncle  Michael,  who  died  in  1762.  He  mentions  no 
brothers  of  his  own  and  was  apparently  an  only  son.  His 
mother  and  sisters  were  living  in  1763  as  were  children 


I ) 


Appendix  D. 


435 


e   King's 

Carroll- 
^arroU  of 
sd  by  Sir 
;e  chart.] 
ight  over 
Anthony 
X  will  be 
'  Charles 
Anthony 
By  refer- 
und  that 
e  his  eld- 
mes,  and 
)k,  James 
)ragoons, 
ew  York, 
laryland, 
ho  made 
oubtedly 
:hony  of 
s  Carroll 
brothers, 
brother 
eenboy, 
De  men- 
Dny  Car- 
aw,  and 

eenboy, 
polis,  of 
ions  no 
Dn.  His 
children 


of  Michael.  In  James  Carroll's  will,  he  speaks  of  his 
nephews,  sons  of  his  brother  Michael,  James,  Uominick, 
Anthony  and  Daniel,  This  Anthony  may  have  been  the 
Anthony  Carroll  mentioned  as  one  of  the  witnesses  to 
James  Carroll's  Will. 

In  the  Will  of  John  Carroll  of  Ann  Arundel  County 
May  ist  1720,  (Register  of  Wills  office,  Annapolis),  both 
*'  Mr.  James  Carroll  of  Ann  Arundel  County  "  and  "  Mr. 
Dominick  Carroll  of  Ann  Arundel  County,  son  of 
Michael  Carroll  of  the  Kingdom  of  Ireland,  gentleman," 
are  mentioned.  Were  not  Dominick  and  his  brothers  the 
sons  of  Anthony's  "  uncle  Michael  ? "  Of  these  Carrolls, 
the  descendants  alone  of  Dominick  have  been  traced,  if 
we  may  assume  that  the  latter  is  identical  with  Dominick 
Carroll  of  Cecil  County,  who  married  Mary,  daughter 

of  Major  Nicholas  Sewall,  widow  of Lowe,  Sept.  3rd 

1725.  She  married  thirdly  William  Frisby,  and  fourthly 
a  gentleman  named  Baldwin.  (Chancery  suits.  Land 
office.)  Dominick  and  Mary  Carroll  had  five  daughters, 
Mary,  Julian,  or  Julianna,  Eleanor,  Susanna  and  Anasta- 
sia.  Mary  born  April  15th  1727  married  Captain  Michael 
Earle  of  Swan  Harbor,  and  died  childless,  1787.  Julian- 
na, born  Jan.  3rd  1729,  married  Edward  Tilghman  25th 
April  1759.  Eleanor,  born  23rd  of  March  1730,  married 
James  Earle.  Susanna  born  30th  of  June  1733.  (Han- 
son's "  Old  Kent,"  and  G.  G.  Eaton,  genealogist,  Wash- 
ington.) 

James  Carroll,  living  in  Somerset  County  in  the  ist 
half  of  the  i8th  century  may  have  been  the  son  of 
Michael  Carroll,  and  brother  of  Dominick.  He  mar- 
ried Eleanor  Van  Swearingen,  daughter  of  Garrett  Van 
Swearingen  of  Holland,  and  his  second  wife  Mary  Smith 
of  St.  Mary's  county,  where  Van  Swearingen  was  then 
living.  Garrett  Van  Swearingen  emigrated  from  Holland 
to  Deleware  1656,  and  from  Delaware  to  Maryland  about 


Ni 


i<    a 


'  f 


/''IMP 


p 


I)  ! 
•ii 


436         Charles  Carroll  of  Carrollton. 

1669.  (Judge  H.  N.  Goldsborougb,  and  "The  Tiernan 
Family  in  Maryland.")  The  son  of  James  Carroll  and 
Eleanor  Van  Swearingen,  Henry  James  Carroll,  married 
a  Miss  King  of  Somerset  County,  and  they  were  the 
parents  of  Thomas  King  Carroll,  Governor  of  Maryland, 
1830. 

Joanna  Carroll,  sister  of  James,  Daniel  and  Michael 
Carroll  married  Richard  Croxall,  and  though  the  Croxall 
name  is  nearly  extinct,  many  of  the  descendants  of  Jo- 
anna Carroll  Croxall  are  living,  and  are  socially  prom- 
inent at  the  present  day.  Among  them  may  be 
mentioned  the  artist  R.  Le  Grand  Johnston,  Wash- 
ington D.  C.  and  Mrs.  Fielder  C.  Slingluff  of  Baltimore, 
Maryland. 

CHILDREN    OF    RICHARD    AND    JOANNA  '    CARROLL 

CROXALL, 

Richard  *"  Croxall  of  "  Garrison  Forest,"  m.  Eleanor 
Buchanan.  She  d.  Feb.  12  1805,  aged  74;  Charles' 
Croxall  m.  July  23,  1746,  Rebecca,  daughter  of  John 
Moale.  They  had  a  son  Richard  ^  lost  at  sea,  1782,  aged 
24  ;  James  Carroll"  Croxall,  d.  y.  Oct.  17,  1748  ;  Rachel' 
Croxall,  m.  Richard  Carroll  of  "  Mount  Dillon  ;  "  Mary' 
Croxall  m.  Nathaniel  Rumney,  d.  Oct.  1754  ;  daughter  ' 
d.  y.  daughter,''  m. Howard. 

CHILDREN   OF   RICHARD    CARROLL    OF   "  MOUNT    DILLON** 
AND    RACHAEL'    croxall. 

Richard '  Carroll,  m.  Judith  Carter  Armistead  of 
"Hesse,"  Virginia,  widow  ist  of  Richard  Moale,  2nd 
of  Robert  Riddell ;  Margaret'  Carroll,  m.  ist — McMe- 

chen,  m.  2nd Harvey,  had  a  son  Carroll  *  Harvey  ; 

Fanny  *  Carroll,  m.  Dr.  Martin  of  Virginia.  (Croxall 
Family  Bible). 


i 


4i- 


V!: 


n. 

le  Tiernan 
]!arroll  and 
>11,  married 
'  were  the 
Maryland, 

d  Michael 
the  Croxall 
ants  of  Jo- 
ally  prom- 
1  may  be 
on,  Wash- 
Baltimore, 

lRROLL 

n.  Eleanor 
;  Charles  » 
r  of  John 
1782,  aged 
:  Rachel' 
;  "  Mary » 
daughter  ' 


DILLON 

listead  of 
[oale,  2nd 
:— McMe- 

Harvey  ; 

(Croxall 


Appendix  D. 


437 


THE  CARROLLS  OF  "  DOUGIIOREGAN  MANOR,"  AND  "  DUD- 

DINGTON  MANOR,"  USUALLY  CALLED  THE  CARROLLS 

OF  CARROLLTON. 

I.  Daniel '  Carroll  of  Hitterluna,  King's  County  Ire- 
land, m.— .    He  had  two  sons  who  left  issue,  Anthony  "  of 
Lisheenboy,  Co.  Tipperary,  b—  ;  and  Charles,'  b.  1660 
emigrated  to   Maryland,  d.  July  ist,  1720.     Anthony,' 
will  proved    1724,   had    four   sons,    Daniel,"   Michael' 
James, '  Charles.'  Daniel '  had  son  Anthony,*  and  dau^h ' 
ters,  two  o.  more,  who  were  living,  with  their  moth°er 
in  1763.     Michael,'  d.  1762,  had  children  living  in  176,' 
James,'  a  captain  in  Lord  Dongan's  Regiment  of  Dra- 
goons, at  the  Boyne.     Charles,'  will  proved  1724. 

II.  Charles  '  Carroll  arrived  in  Maryland  the  ist  day 
of   October,    1688.      He    married   Martha   UnderNvood 
November 4th  1689.  She  died,  November,  1690.  Charles' 
and  Martha  Underwood  Carroll  had  Anthony  ',  d   inf 
Charles    Carroll    m.    2d    Mary    Darnall,    February    14' 
1693.     She   died  February,  1742.     Charles'   and  Mary 
Darnall  Carroll  had  Charles  ',  b.  April  27,  1695  d.  April 
30  ;  Charles  '  b.  March  6,  1696,  d.  same  day  ;  Henry  '  b 
January  26,  1697,  d.  April  lo,  1719  ;  Elianor  \  b.  March 
26,    1699,  d.    i8th    September,  following  ;    Bridget '   b 
September  i,    1700,   d.  same   day;  Charles  '  Carroll  of 
Annapolis,  b.  April  2,  1702,  d.  1781  ;  Anthony,' b.  Novem- 
ber 2,  d.  December,  1705;   Daniel,'  of  *' Duddington  " 
b.  October  3,  1707,  d.  April  15,  1734  ;  Mary,'  b.  June  3 
1711;  Ehanor,'  b.  August  2,  1712,  "at  Woodcott  in  Surry 
m  old  England."     She  died  April  26,  1734.     [The  dates 
of  the  births  of  children  of  Charles'  Carroll  have  been 
copied  from  the  fly-leavesof  his  Latin  Prayer  Book  where 
they  are  entered  more  fully  than  here  given]. 

III.  Charles  '  Carroll  of  Annapolis   and  "  Doughore- 


11 


:i  :"y 


IV 


1  ' } 


438         Charles  Carroll  of  Carrolltojt. 

gan  Manor,"  m.  Elizabeth,  daughter  of  Clement  and 
Jane  Sewall  Brooke.  She  was  born  May  17,  1709,  died 
March  12,  176 1. 

IV.  Charles  *  Carroll  of  Carrollton,  only  child  of 
Charles'  and  Elizabeth  Brooke  Carroll  was  b.  September 
8  (old  style)  1737,  d.  Nov.  14,  1732.  He  m.  Mary 
Darnall  June  5,  1768.  She  was  born  March  19,  1749. 
The  children  of  Charles  *  Carroll  of  CaroUton  and  Mary 
Darnall  Carroll  were 

V.  Elizabeth  '  b.  1769;  Mary,*  b.  September  2,  X770, 
m.  Richard  Caton,  son  of  Joseph  Caton  of  Liverpool, 
England,  November,  1786  ;  Louisa  Rachel,  b.  1772  ; 
Charles'  Carroll  of  "  Homewood,"  b.  March  2,  1775; 
Anne  Brooke,*  b.  1776  ;  Catherine,*  b.  December  18, 
1778  ;  m.  Robert  Goodloe  Harper  ;  Eliza,*  b.  1780,  d. 

1783. 

VI.  The  children  of  Richard  and  Mary*  Carroll 
Caton  were  Mary,'  m.  ist  Robert  Patterson,  m.  2d. 
the  Marquis  of  Wellesley,  d.  s.  p.  1853  ;  Elizabeth,' 
m.  Baron  Stafford,  d.  s.  p.  Oct.  29,  1862 ;  Louisa 
Katherine,*  ra.  ist.  Col.  Sir  Felton  Bathurst  Hervey,  m. 
2d  Francis  Osborne,  seventh  Duke  of  Leeds,  d.  s.  p., 
April  8,  1874;  Emily,'  m.  John  McTavish,  British  con- 
sul to  Baltimore. 

VI.  Charles'  Carroll  of  "Homewood"  m.  July  17, 
1800,  Harriet  Chew.  He  died  April  3,  1825,  Mrs  Carroll 
b.  Oct.  22,  1775,  d.  April  8,  1861.  The  children  of 
Charles  *  and  Harriet  Chew  Carroll  were  Charles,'  b. 
July  25,  1801  ;  Elizabeth  Henrietta,*  b.  Oct.  6,  1802,  m. 
Dr.  Aaron  Tucker ;  Mary  Sophia,*  b.  April  9,  1804,  m. 
Hon.  Richard  H.  Bayard  ;  Benjamin  Chew,'  b.  Sept.  27, 
1805  ;  Harriet  Juliana,'  b.  Jan-y  30,  1808,  m.  Hon.  John 
Lee  of  "  Needwood,"  d.  April  17,  1881  ;  Louisa,'  b.  Oct. 
2,  1809,  m.  Isaac  Rand  Jackson. 


V  '\ 


t>  till  i.i 


i' 


t 


ra 


■^ 


t. 

;ment  and 
1709,  died 

child  of 
September 
;  rn.  Mary 

1  19,  1749. 
and  Mary 

er  2,  1770, 

Liverpool, 

b.    1772  ; 

I  2,  1775 ; 

;ember  18, 
i.  1780,  d. 

y*  Carroll 
3n,  m.  2d. 
Elizabeth,* 

2  ;  Louisa 
lervey,  m. 
s,  d.  s.  p., 
ritish  con- 
July  17, 

Irs  Carroll 
lildren  of 
harles,'  b. 
,  1802,  m. 

1804,  m. 

Sept.  27, 
ion.  John 
a,'  b.  Oct. 


Appendix  D. 


439 


VI.  Catherine  '  Carroll  m.  at  Annapolis,  May  ist,  1801, 
Hon.  Robert  Goodloe  Harper.  The  children  of  R.  CI. 
and  Catherine  "  Carroll  Harper  were  Charles  Carroll,"  b. 
August  23,  1802,  m.  Charlotte  Chiffelle  ;  Mary  Diana,*  b. 
Oct.  7,  1803  ;  Richard  Caton,'  b.  March  24.  1806  ; 
Emily  Louisa  Hinton,'  b.  May  28,  1812,  died  in  Norfolk 
Va.  (though  a  resident  of  Baltimore),  1S92  ;  Robert  S. 

Vn.  The  children  of  John  and  family*  Caton  Mc- 
Tavish  were  Charles  Carroll,'  b.  Jan-y  18,  181 8,  m. 
Marcella   Scott;  Richard   Caton,'  b.  March  24,    1821  ; 

Mary  Wellesley,'  b.  Nov.  21,  1825,  m. Howard,  son 

of  Earl  of  Carlisle  ;  Alexander  Simon,'  b.  April  28, 
1829,  m.  Ella  Gilmor. 

vn.  Charles  *  Carroll  of  *'  Doughoregan  Manor,"  m. 
October,  1825,  Mary  Digges  Lee.  She  was  born  June 
9,  1800.  ["  Lee  of  Virginia  "  p.  385].  The  children  of 
Charles  *  and  Mary  Digges  Lee  Carroll  were  Mary,'  ni. 
Dr.  Eleazer  Acosta  ;  Charles,'  b.  Oct.  1828,  d.  February, 
1895,  s.  p.  He  inherited  "  Doughoregan  Manor,"  and 
is  named  in  the  will  of  his  great  grandfather,  married 
Caroline  Thompson  of  Virginia.  Thomas  Sim  Lee,' 
named  in  the  will  of  his  great  grandfather,  b.  1829,  d. 
1833;  Louisa,'  m.  George  Cavendish  Taylor  of  England, 
nephew  of  Lord  Waterpark,  an  Irish  peer.  Mr.  Taylor, 
while  on  a  visit  to  "  Doughoregan  Manor,"  copied  the 
genealogies  from  the  Irish  MS  :  book  preserved  in  the 
family  there,  used  by  Fredrick  John  O'CarroU  in  his 
''  Stetfmata  Carrollana."  John  Lee,'  b.  1830,  m,  1st 
Anita,  dau.  Royal  Phelps  of  N.  York,  m.  2d  Mary  Carter 
Thompson,  sister  of  Mrs.  Charles  Carroll.  John  Lee 
Carroll  was  member  of  Md.  State  Senate  1867-72, 
Governor  of  Maryland,  1875,  owns  "  Doughoregan 
Manor,"  where  he  resides  during  part  of  the  year. 
Louisa,'  Thomas  Sim  Lee,'  Oswald,'  d.  infants  ;  Albert 


I 


M     ■ 


/»  f ';.' 


f   : 


■ii 


!( hP   ' 


''I  ■ 


,I;:pi 
I  "i  ^  v^ 


440         Charles  Carroll  of  Carrollton. 

Henry,^  m.  May  4, 1858,  Mary  Cornelia,  daii.  Wm.  George 
Read  of  Baltimore.  He  served  in  the  Confederate  Army 
during  the  War  between  the  States,  and  was  killed  in  bat- 
tle, near  Martinsburg,  Virginia,  September  7,  1862.  Mrs. 
Carroll  m.  2d.  Col.  James  Fenner  Lee.  Robert  Goodloe 
Harper,^  b.  1840,  m.  1st  Ella  Thompson,  d.  s.  p.,  m.  2d. 
Mary  Digges  Lee  ["  Lee  of  Virginia,"  p.  485].  Mr.  R. 
G.  Harper  Carroll  served  also  in  the  C.  S.  A.  He  re- 
sides in  Howard  County  on  his  portion  of  the  Manor 
estate.     Helen  Sophia,'  m.  Charles  Oliver  O'Donnell. 

Vn.  The  children  of  Charles  Carroll  'and  Charlotte 
Chiffelle  Harper  were  Harriet  Ladson,' b.  April  13,  1828, 
d.  March,  24,  1836  ;  Catharine  Carroll,'  b.  March  30, 
1832,  d.  May  27,  1841  ;  Emily  Louisa,'  married  Mr. 
William  C.  Pennington  of  Baltimore. 

VHL  The  children  of  Charles  Carroll' and  Marcella 
Scott  McTavish  were  Mary,*  Emily,*  b.  1855,  Charles 
Carroll,"  b.  1857,  Virginia  Scott,"  b.  1859,  Paul  Winfield 
Scott,"  b.  i860. 

VHL  Alexander  Simon '  and  Ella  Gilmor  McTavish 
had  Francis  Osborne "  McTavish. 

VHL  Dr.  Eleazer  and  Mary '  Carroll  Acosta  had 
Rafaella "  Acosta. 

VHL  George  Cavendish  and  Louisa '  Carroll  Taylor 
had  2  sons  and  3  daughters. 

VHL  John  Lee '  and  Anita  Phelps  Carroll  had 
Charles  Lee,"  b.  1857,  d.  1858  ;  Mary  Louisa  '  m.  Comte 
Jean  de  Kergolay  of  France  ;  Anita  Maria,"  m.  Baron 
Louis  de  la  Grange  of  France  ;  Royal  Phelps,"  m.  Marion 
Langdon  of  New  York  ;  Charles,"  m.  Susanne  Bancroft  ; 
Albert  Henry,"  d.  1867  ;  Mary  Irene,"  d.  1888  ;  John 
Lee,"  d.  189-  ;  Mary  Helen,"  m.  in  Paris,  1897,  Herbert 
D.  Robbins  of  New  York.  John  Lee  and  Mary  Carter 
Thompson  Carroll  had  Philip  Acosta  Carroll,  b.  1879. 


>' 


Appendix  D. 


441 


VIII.  Robert  Goodloe  Harper '  and  Mary  Digges 
Lee  Carroll  had  Charles,'  b.  August  12,  1873  ;  Albert 
Henry,'  b.  October,  1874. 

VIII.  Charles  Oliver  and  Helen  Sophia'  Carroll 
O'Donnell  had  John,'  Mary,'  m.  the  Vicomte  de  La 
Bassetier,  Paris,  France  ;  Aileen.' 

VIII.  William  Clapham  and  Emily  Louisa  *  Harper 
Pennington  had  Clapham,' and  Charles  Harper'  Penn- 
ington, artist. 

THE  CARROLLS  OF  DUDDINGTON. 

Daniel '  Carroll  of  "  Duddington  Manor,"  married 
Ann,   daughter  of    Notley   Rozier   of  **  Notley   Hall," 

Prince  George's  Co.  Md.  Mrs.  Carroll  m.  2dly  Benja- 
min Young.  The  children  of  Daniel  and  Ann  Rozier 
Carroll  were  Charles,*  of  "Duddington,"  b.  Sept.  12, 
1729,  sometimes  called  Charles  Carroll  of  "  Carrolls- 
burg  "  ;  Eleanor,*  m.  Daniel  Carroll  of  Upper  Marlboro, 
brother  of  Rt.  Rev.  John  Carroll  ;  Mary,*  m.  Ignatius 
Digges  of  "  Melwood,"  Prince  George's  Co.,  d.  s.  p. 
Mary  Carroll  was  the  2d.  wife  of  Ignatius  Digges. 

V.  Charles  *  Carroll  of  "  Duddington  "  and  "  Carrolls- 
burg,"  *  m.  1763,  Mary  dau.  of  Henry  Hill.  The  chil- 
dren of  Charles  *  and  Mary  Hill  Carroll  were  Daniel,'  of 
*•  Duddington,"  Charles,'  of  "  Bellevue,"  Henry  Hill,'  of 
"  Litterluna,"  Baltimore  County. 

VI.  Daniel'  Carroll  of  "Duddington,"  m.  ist.  Anne 
Brent,  m.  2d.  Anna  R.  Boyce.  He  built  the  manor-house 
of  **  Duddington"  in  1793.  The  Duddington  Manor  es- 
tate of  one  thousand  acres  was  surveyed  for  George 
Thompson,  in  1663,  Ann  Young  having  possession  of  it, 
later  through  the  Notley  family  with  whom  the  Roziers 
intermarried.  Charles*  Carroll,  Jr.  received  it  from  Ann 
Young,  his  mother,  in  1758.    Daniel '  Carroll  of  "  Dudd- 


i 


'ii 


iv 


^  r 


.1 
if 


442         Charles  Carroll  of  Carrolllon. 


I    ; 


' 


'liii 


ington  "  was  one  of  the  commissioners  for  laying  out  the 
District  of  Columbia,  and  **  Duddington  "  w  is  in  the  city 
of  Washington,  occupying  the  square  between  istand  ad 
and  D  and  E  streets  southeast.  Daniel  *  Carroll  of 
"  Duddington  "  died  in  1849.  His  children  were  Charles,* 
m.  Mary  Carroll  of  **  Litterluna  "  ;  Norah,"  m.  William 
Dudley  Digges  ;  Maria,*  m.  Robert  H.  Filzhugh  ;  Eliza- 
beth,* m.  Henry  J.  Brent,  Ann,'  Sarah,'  m.  Maj.  Nichol- 
son ;  Rebecca,*  d.  1887  ;  Jane,'  b.  April  2,  1821,  d.  1896. 
VI.  Charles '  Carroll  of  "  Bellevue,"  m.  Anne  Sprigg. 
He  left  his  splendid  estate  in  Washington  County,  Md., 
adjoining  Hagerstown,  in  18  n  to  settle  with  other  Mary- 
landers  in  the  Genesee  country,  western  New  York. 
The  children  of  Charles '  and  Anne  Sprigg  Carroll  were 
Henry,*  d.  s.  ;  Charles  H.*  of  "  The  Hermitage,"  M.  C. 
1843-1847,  m.  Alida  Van  Renssalaer  ;  Hannah,'  d.  s.  ; 
William  Thomas,'  m.  Sarah  Sprigg  ;  Daniel  Joseph,*  d.  s.  ; 
Anne,'  m.  Dr.  Lane ;  Jane,'  m.  M.  Tabb  ;  Elizabeth 
Barbara,*  m.  Henry  Fitzhugh. 

VI.  Henry  *  Carroll  of  "  Litterluna,"  Baltimore 
County,  m.  Sarah  Rogers.  The  children  of  Henry  *  and 
Sarah  Rogers  Carroll,  were  Mary,*  m.  Charles  *  Carroll 
of  "  Duddington  "  ;  Henry,'  m.  Mary  Sterrett. 

VII.  William  Dudley  and  Norah  *  Carroll  Digges  had 
George  Attwood  ^ ;  Daniel  Carroll  ^  ;  William  Dudley  '  ; 
Robert' ;  Charles  '  ;  Anne  '  ;  Catharine'  ;  Norah,'  m. 
Dr.  James  Ethelbert  Morgan  of  Washington,  D.  C. 

VII.  Robert  H.  and  Maria'  Carroll  Fitzhugh  had 
Daniel  Carroll '  Fitzhugh  who  married  his  cousin  Maria 
A.  Fitzhugh. 

Vn.  Henry  J.  and  Elizabeth*  Carroll  Brent  had 
Catherine  D.,'  married  her  cousin  Daniel  H.  Fitzhugh. 

VII.  Maj.  and   Sarah*   Carroll   Nicholson    had 

EUzabeth,'  m.  Capt.  Burrit. 


VIP 


Appendix  D. 


443 


g  out  the 
I  the  city 
stand  ad 
arroU  of 
Charles,' 
William 
i ;  Eliza- 
Nichol- 
d.  1896. 
:  Sprigg. 
ity,  Md,, 
u  Mary- 
w  York, 
oil  were 
,"  M.  C. 
I,'  d.  s.  ; 
Vd.s.  ; 
Elizabeth 

altimore 

ry '  and 

Carroll 

ges  had 
jdley  '  ; 

ah,'  m. 

-^ 

;h    had 
1  Maria 

nt    had 
lugh. 
xi    had 


VII.  Charles  H.*  and  .Mida  Van  Renssalaer  Carroll 
had  Cornelia,'  m.  E.  P.  Fuller  and  Anne  E.,'  m.  William 
Dana  Fitzhugh. 

VII.  The  children  of  William  Thomas*  and  Sarah 
Sprigg  Carroll  were  Gen!  Samuel  Sprigg,'  U.  S.  A.,  m. 
Helen  Bennett  ;  Violetta  Lansdale.'  m.  Dr.  Thomas 
Swann  Mercer,  of  West  River,  Mu.  ;  birah,'  m.  ist  Genf 
Charles  Griffin,  U.  S.  A.,  m.  2d.  Count  Esterhazy  of  Aus- 
tria ;  Caroline,'  m.  Lieut.  Boles,  U.  S.  N  ;  Alida,'  m. 
Gen)  John  M.  Brown. 

VII.  Dr. — and  Anne*  Carroll  Lane  had  F^lizabeth,'  m. 
S.  H.  Peake  ;  Hardage,  d.  s.  ;  Harvey,  d.  s. 

VII.  M.  and  Jane"  Carroll  Tabb  had  Mary,'  m.  Thos 
J.  Gantt ;  Anne  d.  s.  ;  Alida,  m.  Mr.  Littlejohn. 

VII.  The  children  of  Henry  and  Elizabeth  Barbara* 
Carroll  Fitzhugh  were  Henry,'  d.  s.  1889;  Gerrit  ; ' 
Anna'  d.  s.  1867  ;  Gen'.  Charles  Lane,'  U.  S.  A.,  m. 
Emma  Shoenberger ;  Col.  Robert  Hughes  '  Fitzhugh. 

VIII.  The  children  of  Dr.  Thomas  Swann  and  Violetta 
Lansdale'  Carroll  Mercer  were  Carroll,'  and  John  Fran- 
cis '  Mercer. 

VIII.  The  children  of  Gen'.  Charles  Lane'  and  Emma 
Shoenberger  Fitzhugh  were  Henry,"  m.  ist  Winifred  Lee 
Foe,  m.  2d  Edith  Frances  Dantry  ;  George,'  d.  s.;  Car- 
roll '  Fitzhugh,  m.  Mary  M.  Bell. 

DESCENDANTS   OF    ELEANOR*    CARROLL   CARROLL. 

V.  Eleanor*  Carroll  of  '*  Duddington,"  married  her 
cousin  (See  Notes  on  the  Darnail  Family),  Daniel  Carroll 
of  Upper  Marlboro',  or  Rock  Creek,  statesman.  She 
died  April  13,  1763.  Daniel  Carroll,  b.  July  22,  1730, 
was  the  son  of  Daniel  Carroll  of  Upper  Marlboro'  who 
d.  1750,  and  the  grandson  of  Kean  Carroll  of  Ireland. 
The  children  of  Daniel  and  Eleanor,*  Carroll  Carroll  were 


V. 


'  ill 


^! 


'M 


I '  n 


.hi 


444  Charles  Carroll  of  Carrollton. 

Daniel,'  m.  Elizabeth  Digges  of    " Warburton,"  Priice 
George's  Co.  Md.  ;  Mary,*  m.  Colonel  Sim. 

VI.  Daniel '  and  Elizabeth  Digges  Carroll  had  the  fol- 
lowing children  ;  William,*  m.  Henrietta,  dau.  David 
Williamson  of  Baltimore  ;  George  Atwood,'  m.  Clarissa 
Mitchell  ;  Ann,  d.  at  "  The  Cottage,"  Montgomery  Co. 
Maryland,  aged  85. 

VII.  William  '  and  Henrietta  Williamson  Carroll,  had 
David  Williamson  ^  Carroll  of  Little  Rock  Arkansas  ; 
john,^  d.  s.  p..  Mary,^  m.  Benjamin  EUicott  of  Baltimore. 

VII.  George  Atwood'  and  Clarissa  Mitchell  Carroll, 
had  George  Richard  ^  Carroll  m.  —  Clarke. 

VIII.  David  Williamson'  Carroll,  m.  — ,  had  daughter, 
Mrs.  Daniel  Boone  of  Baltimore. 

VIII.  Benjamin  and  Mary  '  Carroll  EUicott  had  daugh- 
ter,* xin.  Charles  Balche  of  Philadelphia,  U.  S.  Coast 
Survey. 

VIII.  The  children  of  George  Richard^  and  — Clarke 
Carroll  were  Anna,*  m.  Outerbridge  Horsey  of  "  Need- 
wood,"  Md. ;  Maria,"  m. — Hooper  of  Sonona,  California  ; 
Daniel,*  in  C.  S.  A,,  killed  in  the  War  between  the  States. 


-'       VI 


i} 


CARROLL    ARMS. 

Avy  two  lions  combatant  gu^  supporting  a  sword  ppr. 
in  pale  hilted  and  pommelled  or.  Crest  :  On  a  stump  of 
an  oak  sprouting  new  branches  ppr.  a  hawk  rising  of  the 
last  belled  or.  Motto  :  Ubictinqiie  cum  libertate. 

On  the  old  bookplate  of  Charles  Carroll  the  Immigrant, 
the  hawk  in  the  crest  is  resting  with  folded  wings,  and  as 
a  symbol  of  the  flight  of  the  family  to  America,  he  is 
represented  later  with  his  wings  outspread,  or  rising  to 
wing  his  way  across  the  Atlantic.  "  A  hawk  rising  "  is 
the  crest  on  the  bookplate  of  Charles  Carroll  of  An- 
napolis. 


w 


Appendix  D. 


445 


All  the  oldest  silverplate  at  **  Doughoregan  Manor  " 
has  the  older  crest  upon  it,  and  the  more  recent  silver 
has  the  rising  hawk.  In  the  Maryland  Gazette,  published 
at  AnnapoHs,  there  is  the  following  advertisement,  under 
date  of  November  9th,  1749  :  "  ^.ost  or  stolen  from  the 
dwelling  house  of  Charles  Carroll  Esq:  in  the  city  of 
Annapolis,  about  ten  days  ago,  one  old  silver  mug,  hold- 
ing above  half  a  r,int  ;  with  a  coat  of  arms  engraved 
thereon,  being  a  sword  erect,  between  two  Lyons  ram- 
pant. Likewise  three  silver  spoons,  with  a  crest  engraved 
on  each,  being  a  Falcon,  with  wings  expanded,  standing 
on  a  stump  having  a  branch  on  each  side.  [A  reward  of 
£S  offered]. 

Charles  Carroll." 
In  Burke's   *'  General  Armory  "  the  Carroll  Arms  of 
Ireland  are  given  as  follows  : 

Ar,  t.7o  lions  combatant  ^«.  supporting  a  sword  or 
hilt  and  pomel  or.  Crest :  On  the  stump  of  an  oak,  sprout- 
ing new  branches  ppr.  a  hawk  of  the  last  belled  or. 

Carroll,  as  borne  by  Henry  Carroll  of  Ballynure,  Co. 
Wicklow,  1828,  ihe  same  with  motto,  /«  fide  et  m  bello 
forte. 

Charles  Carroll  the  founder  of  the  Maryland  family  of 
"  Carrolls  of  Carrollton,"  changed  the  crest  and  motto, 
on  coming  to  America. 

DARNALL  FAMILY,  OF  LONDON  AND  HERTFORDSHIRE,  ENG- 
LAND, AND  OF  THE  "  WOODVARD,"  PRINCE  GEORGE's 
CO.,  MARYLAND. 

Arms  :  Argent,  on  a  bend  two  fleurs  de  luce  sable,  be- 
tween three  leopards  faces  or. 

Henry'  Darnall  of  Birels-Placc,  Essenden,  Herts,  Esq., 
Counsellor  of  Law,  Grey's  Inn,  b,  1564,  d.  1607.  (Armorial 


44^  Charles  Carroll  of  Carrollton. 

tombstone  at  Essenden,  Herts,  with  list  of  his  children). 
He  had  five  sons,  John,"  Henry,"  Sir  Thomas,'  Philip,'  and 
Ralph.'  The  fourth  son,  Philip,'  barrister  of  London,  m. 
Mary — .  His  portrait  and  that  of  his  wife  are  at  "  Poplar 
Hill,"  Maryland.  John,^  youngest  son  of  Philip'  and 
Mary  Darnall,  was  Secretary  to  Lord  Baltimore,  and  died 
in  1684.  He  married  Susannah,  daughter  of  Richard 
Bennett,  Esq.  and  his  wife  Henrietta  Maria  Neale. 
She  married  secondly,  Henry  Lowe,  nephew  of  Lady 
Baltimore.  Henry,'  eldest  son  of  Philip'  and  Mary 
Darnall,  "Collector  of  the  Port  of  St.  Mary's,"  came  to 
the  Province  of  Maryland  in  1672,  was  commissioned 
Justice  of  the  Peace  in  1681.  He  was  Colonel  of  Horse, 
Agent  of  the  Lord  Proprietor,  and  at  one  time  Deputy 
Governor  of  Maryland.  His  estates  were:  "Portland 
Manor  "  Ann  Arundel  Co.,  and  "  The  Woodyard,"  Prim 
George's  Co.,  also  **  The  Girls  Portion  "  near  Georgetown 
and  "My  Lord's  Kindness."  K?  died  in  17 11.  Col. 
Henry'  Darnall  married  twice,  it  is  said,  but  of  his  first 
wife  nothing  is  known.  His  second  wife  was  Elinor, 
daughter  of  Richard  Hatton  and  widow  of  Col.  Thomas 
Brooke,  of  "  Brookfield,"  Calvert  Co.  The  will  of  Elinor 
Hatton  (Brooke),  Darnall  was  probated  February  21st, 
1724.  The  children  of  Henry'  and  Elinor  Darnall  were 
Philip,*  Henry,*  Mary,*  Anne,*  Elizabeth.*  Philip*  T>2^^ 
nail  married  Elinor  Brooke  and  died  in  1705,  leaving  a 
son,  Henry  *  Darnall  of  "  Portland  Manor  "  who  married 
Elizabeth  Lowe.  Mary*  Darnall,  b.  1678  married  Feb- 
ruary 14th  1693,  Charles  Carroll,  the  Immigrant.  Anne* 
Darnall  married  Clement  Hill  in  1696,  and  Elizabeth* 
Darnall  married  Edward  Digges,  Henry*  Darnall  of 
"  The  Woodyard,"  born  1682,  married  Anne,  daughter 
of  Col.  William  Digges  and  his  wife  Elizabeth  Sewall  of 
Mattapony.     He  sold  "  The  Woodyard  "  in  1728,  to  pay 


Appendix  D. 


447 


2ISt, 

were 

ang  a 
irried 
Feb- 
,nne* 


a  debt.  The  children  of  Henry*  Darnall  and  Anne 
Digges  were  Henry,"  Elinor,"  John,"  and  Mary.*  Elinor  * 
Darnall  married  1727-28,  Daniel  Carroll  of  Upper 
Marlboro',  Prince  George's  Co.  Md.,  (son  of  Kean  Car- 
roll, native  of  Ireland).  Mrs.  Elinor  Darnall  Carroll  d. 
May  23,  1796,  in  her  93d  year.  Daniel  and  Elinor  Dar- 
nall Carroll  were  the  parents  of  Daniel  Carroll,  statesman, 
and  Archbishop  John  Carroll.  John  '  Darnall  lived  in 
Frederick  Co.  Md.,  and  his  will  was  probated  1768. 
Henry  *  Darnall  of  "  Poplar  Hill  "  (then  called  ''  My 
Lord's  Kindness," )  which  place  was  conveyed  to  him  by 
his  father  in  1729,  was  born  in  1703,  was  Attorney  General 
of  the  Province  1754,  was  at  Bruges,  Flanders  in  177 1, 
and  was  living  in  1788.     He  married  Anne,  daughter  of 

Talbot,  Esq.,  "niece  and  ward  to  George,  14th 

Earl  of  Shrewsbury,"  (see  Land  Office  Records).  The 
children  of  Henry"  and  Anne  Talbot  Darnall  were  Rob- 
ert,* Henry,"  John,'  Katharine,"  Anne'  and  a  daughter 
who  married  Nicholas  Sewall  of  St.  Mary's  Co.  Robert ' 
Darnall  of  "  Poplar  Hill,"  married  twice  but  died  child- 
less, leaving  "  Poplar  Hill  "  to  his  nephew  Robert  Sewall. 
Henry '  Darnall  married  Rachel,  daughter  of  Henry 
Brooke,  and  these  were  the  parents  of  Mary  Darnall,  wife 
of  Charles  Carroll  of  Carrollton.  John'  Darnall  lived  in 
Culpeper  Co.,  Virginia,  and  died  in  1819.  He  has  des- 
cendants living  in  Kentucky  and  Arkansas.  Katherine ' 
Darnall  married  a  Digges.  (Condensed  from  chart  pedi- 
gree prepared  by  Mrs.  Vernon  Dorsey,  Genealogist, 
Washington,  D.  C). 

There  was  a  relationship  between  the  Calverts  and 
Darnalls  and  in  a  Letter-Book  extant  of  Charles  Cal- 
vert's (this  was  the  3d  Lord  Baltimore)  he  writes  from 
"Maryland,  loth  July,  1697,"  to  "Mrs.  Mary  Darnall, 
at   the    Lady    Summersetts    house    near    Heme    Stile, 


■M 


'A 


I 


i    • 


448  Charles  Carroll  of  Carrollion. 

In  London,"  Calling  her  his  "  Cosen  Darnall."  He 
thanks  her  for  several  letters,  and  for  lier  "  trouble  and 
pains  "  in  letting  him  know  how  his  children  were.  Mrs. 
Darnall  seems  to  have  charge  of  Lord  Baltimore's  chil- 
dren, as  he  and  his  wife  thank  her,  in  this  letter  for  her 
great  kindness  to  their  children,  begging  its  continuance, 
and  that  she  will  write  by  all  opportunities.  He  is  sorry 
to  hear  of  her  husband's  indisposition,  and  will  send  him 
some  money  ;  **  as  a  small  token  of  my  kindness  to  your- 
self." Lady  Summersett  was  Charles  Calvert's  aunt, 
and  Mrs.  Mary  Darnall  who  was  staying  with  her,  was 
the  wife  of  Philip  Darnall, — evidently  the  Philip '  Dar- 
nall of  the  above  pedigree.  **  The  Calvert  Papers,"  Num- 
ber One,  p.  310.  (Publications  of  the  Maryland 
Historical  Society). 


\  mm 


11."  He 
Lible  and 
e.  Mrs. 
re's  chil- 
r  for  her 
inuance, 
J  is  sorry 
lend  him 
to  your- 
t's  aunt, 
her,  was 
ip"  Dar- 
;,"  Num- 
laryland 


INDEX. 


Abercrombie,  (Jen.  James,  i,  380   i 
Acadia,  Acaclie,  i,  25-27  I 

Acadians.      Sec  French  Neutrals 
Acosta,  Dr.  I'^leazer,  ii,  439,  440  ; 

Mary,  ;/.V Carroll,  ii,  439,  440  ; 

Rafaella,  ii,  440 
Adams,  Abij^ail,    lu'c  Smith,  ii, 

138  ;   Charles  Francis,  i,  T31  ; 

ii,    333  ;    Herbert  15.,  ii,  32b  ; 

John,  i,  131,  145,  1S2  ;  ii,  iiS,    I 

IT9,   122,   125,   127,   12S,  133, 

134,   138,   141,   142,   145,  14.^, 

155,   156,   162,   190,   193,  207, 

231,  234,  237-240,  245,    24S, 

249,   258,  309,   337,  339,  341. 

358  ;      John    Quincy,    ii,  288, 

332-334.    3-43.    353  ;    Samuel, 

i.  203 
Adamses,  the,  i,  236 
Adams's  "  Life  and  Writings  of 

Ja.-ed  Sparks,"  ii,  326 
Adams's      "  Memoirs     of    John 

Quincy  Adams,"  ii,  333 
Adams's     "   Works      of      John 

Adams,"  i,  131,   182  ;  ii,  134, 

141 
Adamstovvn,  Ireland,],  ^S 
Addison  family,  ii,  245  | 

"  Address  to  the  People  of  Mary-   j 

land,"  ii,  40,  41,  iii 
Ahagurton    Ireland,  i,  3 
Albany,  i,  29,  I47-I49, 172,  214,    j 

221,  222,  367-370,  399  ;  ii'  362    ' 
Aldie,  Va.,  ii,  360  i 

Alexander,  Mr.,  i,  215  ;  Robert, 

i,  136  I 

449 


Alexander,  Fnipernr  of  Ru>,sia, 
ii,  2^.2,  270,  271,  277,  273,  2S1 

Alexandria,  Va  ,  ii,  82,  S3,  roo, 
169,   170,  203 

Alexandrians,  ii,  170 

Allen,  Colonel,  i,  rso,  372  ;  Mi., 

i.  37^^ 
Alum  Works  Company,  ii,  330 
American  Archives,  i,  145,  r53- 

159,  162,  164,  i6(),   1O9,  185 
American   Colonization   Society, 

ii,  362 
Amherst,    (Icneral,    i,    240,    241, 

3'^ 

Amsterdam,  ii,  1 10 

Andahisia,  ii,  2S7 

Andrews,  Frank  D.,  ii,  32S 

Anglaise,  ii,  197 

Annapolis,  i,  1,  6-8,  12,  14,  15, 
18.  23,  37,  41,  59,  60,  65,  70, 
72,  73.  93-95.  i'«.  ^28,  130, 
132,  134,  136,  138,  142.  143, 
177,  1S5,  186,  191,  19b,  197, 
224,  368  ;  ii,  14,  2b,  40.  48,  55, 
56,  66,  75-77,  80,  87,  91,  loi, 
103,  104,  III,  142,  167,  171, 
i8f,  191,  193,  198,  2f)2,  232- 
235,  247,  ■■•^9.  251,  258,  261, 
266,  269,  270,  273,  275,  279- 
282,  284,  2S8,  289,  292,  293, 
296.  29-7,  299-302,  315,  320, 
321,  32^-32S  351,  357,  374- 
376.  381,  3*^4,  385,  390,  393, 
396,  39S,  404,  439.  444.^  445 

Annemours,  Chevalier  d',  con- 
sul-general of  France,  ii,  76 


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1   '       i   ' 

'  i 

450 


Index. 


A])alathean  Mountains,  i,  26 
Appleton's      "  Cyclopanlia      of 
American  Biography,"    i,    96 ; 

ii.  350 
Archduke  Charles  of  Austria,  ii, 

262,  271,  281,  282 
Archduke  John  of  Austria,  ii,  262 
Arkansas,  ii,  44-I,  447 
Arnold,   Gen.   Benedict,  i,    147, 

152-155,    158,    161,    164-166, 

168,  214.  222,  392,  396,  397 
Articles  of  Confederation,  i,  219, 

220,  232  ;  ii,  4,  5,  7-9,  ir-13, 

44,  45,  80,  105,  114,  116,  177 
"  Asserters  of  British  American 

Privileges,"  i,  72 
"  Association  of  the  Freemen  of 

Maryland,"  i,  135 
Atlantic  Ocean,   i,  26  ;  ii,   337, 

338,  444  ;  States,  ii,  307 
Atlee,  Mr.,  i,  223 
Attwood,  Peter,  ii,  3S8 
Augusta,  Ga.,  ii,  158 
Austria,  ii,  6,  217,  262,  263,  270, 

271,  281,  282,  294,  295,  443 
Aux  Cayes,  ii,  317 

Bacon,  Lord,  i,  325 

Badajos,  ii,  287 

Badiere,  Mons.  La,  i,  204 

Bagot,  Mr.,  English  minister, 
ii.  315.  323;  Mrs.,  ii,  315,  323 

Baile-mic-Adam  (Cadamstown). 
See  Adamstown 

Baird,  General,  ii,  281 

Baker,  Louisa,  i,  59-61,  63,  79, 
80,  87  ;  Mr.,  i,  59,  61 

Balche,  Charles,  ii,  444  ;  Mrs., 
«/t.-Ellicott,  ii,  444 

Baldwin,  Mr.,  ii,  435 

Ballendine,  John,  i,  95 

Ballston  Springs,  ii,  266,  310 

Ballynure,  Ireland,  ii,  445 

Baltic  Sea,  ii,  277 

Baltimore,  Md.,  i,  15,  72,  73, 
131,  137,  142,  143,  191,  196, 
197,  209,  216,  220,  221,  231, 
232;  ii,  40,  73,  74,  91,  96,  100, 
106,  107,  112,  157,  158,  193, 
200,  213,  234,  238,   243,  244, 


266,  284,  291,  294,  295,  298, 

300,  302-309,  312,  318,    320- 

322,  324,  325,  329,  332,  338- 

342,  343-35",   355,   356,    358, 

359.  364.   365,  367.    394-401. 
404,  411,  419,  423,  436,  438, 

439,  440, 444 

Baltimore  Library  Company,  ii, 
201 

Baltimore  Iron  Works  Company 
(Baltimore  Iron  Works.  S<u' 
Patapsco  Iron  Works),  i,  23, 
60,  64,  92,  143,  144,  203  ;  ii, 
73-75,  100, 171,  293 

Baltimore  and  Ohio  Railroad,  ii, 

360,  361 

Baltimore,  Barons  of.  See  Cal- 
vert 

Baltimore,  Lady  Jane,  tide  Lowe, 
i,  2,  76  ;  ii,  446  ;  Lady  Mar- 
garet, i,  II 

Banister,  John,  ii,  3 

Bank  of  England  stock,  ii,  43, 
44,  75,  76,  S3,  84,  92,98,  167, 
168,  214,  218,  219,  221-229, 
231,  251 

Barbadoes,  ii,  252,  261 

Barber,  Captain,  ii,  254 

Barlow,  Joel,  ii,  290,  294 

Barnes,   Richard,  ii,  44,  49,  50, 

57,,  77 
Barre,  Chevalier  de.  i,  226,  22S 
Harrington,  Daines,  i,  66,  88,89, 

91 

Barron,  Commodore  James,  ii, 
321 

Barry,  Robert,  ii,  431 

Bassetier,  Vicomte  de  la,  ii,  441  ; 
Mary,  Vicomtesse  de  la,  nee 
O'Donnell,  ii,  441 

Bassctt,  Richard,  ii,  169 

Bathurst,  Matthew,  ii,  429,  431 

Batson,  Mr.,  i,  5 

Bavaria,  i,  238,  239  ;  ii,  6 

Bay  of  Fundy  (Baye  Fran9ois), 
i,  27 

Bayard,  Mary  Soi)hia,  n^e  Car- 
roll,